Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail to hire or to discharge an individual or otherwise discriminate against such individual “with respect to his [or her] compensation, terms,...more
The Third Circuit Court of Appeals recently upheld a lower court’s summary judgment decision, finding that an applicant who refused to complete an application without some guarantee that a particular individual would not...more
While the anti-retaliation provision of Title VII of the Civil Rights Act of 1964 does not prohibit all employer action after an employee has filed a discrimination charge or lawsuit, it precludes employers from taking an...more
The Seventh Circuit Court of Appeals recently overturned a lower court’s grant of summary judgment in favor of a home care agency, holding that a jury should be allowed to determine whether the agency’s reasons for firing an...more
In a case that underscores the inherent difficulty of implementing the Americans with Disabilities Act (ADA) in situations involving workplace safety issues, a federal district court in Connecticut determined that an...more
As the U.S. Supreme Court has recognized, Title VII of the Civil Rights Act of 1964 is intended to “strike at the entire spectrum of disparate treatment of men and women resulting from sex stereotyping.” Recently, a federal...more
A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, No....more
In a non-precedential opinion, the Third Circuit Court of Appeals recently upheld a hospital’s firing of a security guard who had admitted that he was a recovering drug addict. Because that firing was based upon the fact that...more
Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more
The Sixth Circuit Court of Appeals recently addressed an issue of first impression, holding that the ability to hear is not necessarily an “essential function” of the job of lifeguard. Keith v. County of Oakland, No. 11-2276...more
A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more
1/17/2013
/ Chenzira ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Rule 12(b)(6) ,
Hiring & Firing ,
Motion to Dismiss ,
Reasonable Accommodation ,
Religious Discrimination ,
Termination ,
Title VII ,
Vaccinations ,
Veganism
Neither Title VII of the Civil Rights Act nor the Americans with Disabilities Act (ADA) specifically prohibits discrimination against individuals who may be victims of domestic or dating violence, sexual assault, or stalking....more
The 8th U.S. Circuit Court of Appeals recently addressed an issue of concern frequently raised by employers: whether allowing an employee to move from rotating shifts to straight daytime work is a required “reasonable...more
An issue that confounds employers on a regular basis is whether the discharge of an employee who is unable to return to work after a medical leave will violate the American with Disabilities Act (ADA). Most employers...more
Under Title VII, an unlawful employment practice is established when an employee demonstrates that gender is a motivating factor for an adverse employment action. Under that analysis, a number of federal appellate courts...more
The Family and Medical Leave Act (FMLA) entitles eligible employees to twelve weeks of unpaid leave each year for certain medical issues for themselves or immediate family members. Employers are prohibited from...more