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Discrimination

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees...more

Employment News - September 2017 #2

by Hogan Lovells on

Uplifting – injury to feelings compensation must be increased by 10% - After a number of conflicting decisions in the EAT, the Court of Appeal has confirmed that injury to feelings discrimination compensation awarded in...more

EEOC Ain’t Over ‘Til It’s…Forever

by Sherman & Howard L.L.C. on

The Seventh Circuit recently condoned an EEOC practice that dramatically inhibits the private settlement of employment discrimination lawsuits. Two Union Pacific employees filed an EEOC charge. The EEOC provided a Notice...more

EEOC Sues LA Louisanne Restaurant for Pregnancy Discrimination

Restaurant Engaged in a Practice of Removing Pregnant Female Servers, Federal Agency Charges - LOS ANGELES - LA Louisanne, Inc., a Los Angeles restaurant and jazz night club, violated federal law when it discharged an...more

EEOC y Perú Firman Histórico Acuerdo Nacional de Colaboración y Difusión Para Combatir La Discriminación Laboral

Acuerdo establece una colaboración continua en la lucha contra la arbitrariedad en el empleo - WASHINGTON-La Comisión de Igualdad de Oportunidades en el Empleo de los Estados Unidos de América (EEOC, por sus siglas en...more

The Not-So-Elusive 12(b)(6) Dismissal: Fifth Circuit Shoots Down Retaliation Claim Based on Single Text Message

The Fifth Circuit Court of Appeals recently affirmed the dismissal of a Title VII retaliation claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim where the plaintiff premised her...more

Workplace Wellness Program Incentives Under Fire - Again

by Pierce Atwood LLP on

For years, employers have been trying to find the right incentives for employees to embrace wellness programs. If incentives are too meager, employees are not likely to participate. If they are weighted too heavily in favor...more

EEOC’s Wellness Program Rules in Doubt

by Pepper Hamilton LLP on

Q.  Are the EEOC’s Wellness Program rules still valid? A.  The ADA and the Genetic Information Nondiscrimination Act both permit an employer to seek medical information as part of a wellness program if the employee...more

EEOC Sues Pizza Studio Restaurant Owner for Violating Equal Pay Act

Company Offered Female New Hire Less Than a Male and Fired Both After She Complained, Federal Agency Says - ST. LOUIS - A Delaware company that until recently operated a Pizza Studio restaurant in Kansas City, Kan., and...more

Franchise Litigation Rising Over Dietary Considerations

by Lewitt Hackman on

Rising concerns over food sourcing and preparation is leading to more and more litigation for restaurants and franchises. Most of the lawsuits claim discrimination, which makes sense as many dietary strictures are rooted...more

EEOC Sues Keer America Corporation for Age Discrimination

Experienced Sales Leader Fired After Company Learned His Age, Federal Agency Charges - GREENVILLE, S.C. - A 47-year-old sales leader with experience in the textile industry was unlawfully fired by Indian Land, S.C.,...more

Balancing Undue Hardship and Reasonable Accommodation with Employees Using Medical Marijuana Lights Up in Massachusetts Court

by LeClairRyan on

In a recent case, the Supreme Judicial Court of Massachusetts (the “SJC”) held that medical marijuana may constitute a “reasonable accommodation” for employees.  As a result, employers may not terminate employees for failing...more

Decision on medical marijuana and preemption holds lessons for Maine employers

by PretiFlaherty on

A U.S. district court recently held that federal law does not preempt the anti-discrimination provision in Connecticut’s medical marijuana law prohibiting employers from terminating or refusing to hire individuals based on...more

Employee Cannot Bypass Title VII, ADA Regulatory Schemes To Hold Public Employers Personally Liable, Third Circuit Rules

by Jackson Lewis P.C. on

Plaintiff-employees cannot pursue a claim under 42 U.S.C. § 1983 (Section 1983) for rights created under Title VII of the Civil Rights Act and the Americans with Disabilities Act, the federal appeals court in Philadelphia has...more

“Hold My Position Open Indefinitely” Is Not a Reasonable Accommodation, Court Rules

by Shipman & Goodwin LLP on

The Connecticut Appellate Court today released an important disability discrimination decision that gives employers some support for employees who struggle with employees who ask for “accommodations” for an indefinite leave...more

U.S. EEOC Opens Registration for Guam EEO Seminar for Private and Public Employers

Federal Agency's Full-Day Seminar to Take Place Sept. 19 in Tumon at the Pacific Star Resort - GUAM - The federal agency tasked with enforcing laws against employment discrimination, the U.S. Equal Employment Opportunity...more

New IHRA Amendment on Religious Accommodations: What Does It Mean for Illinois Employers?

A recent amendment (Public Act 100-0100) to the Illinois Human Rights Act (IHRA) makes clear that employers in Illinois may have dress codes or grooming policies for the purposes of maintaining workplace safety or food...more

No Trial Needed: Ninth Circuit Confirms Summary Judgment Appropriate Where Discrimination Plaintiff Can’t Rebut Legitimate...

Employers faced with discrimination claims must determine if summary judgment is a viable means to dispose of those claims. A recent Ninth Circuit decision provides some additional ammunition for employers moving for summary...more

EEOC Sues Estée Lauder for Sex Discrimination

Cosmetics Giant Gave Men Lesser Paid Parental Leave and Related Benefits, Federal Agency Says - PHILADELPHIA - Estée Lauder Companies, Inc., one of the world's leading manufacturers and marketers of skin care, makeup,...more

Where Have All the Women Gone?

by Atma Global on

Just over a year ago, the heads of government in Brazil, Argentina, and Chile – three of Latin America’s most dynamic regional powers – were female. Today, Chile remains the only country whose presidency is held by a woman –...more

B&H Foto: From Lawsuit To $3 Million Consent Decree

In February 2016, the Office of Federal Contract Compliance Programs filed an administrative complaint against B&H Foto, the largest non-chain photo and video equipment store in the United States. The Complaint alleged that...more

Court Directs EEOC to Reconsider Wellness Rules, Leaves Current Rules in Effect

by Seyfarth Shaw LLP on

On Tuesday, August 22, the US District Court for the District of Columbia ordered the EEOC to revisit its controversial rules placing certain limits on employer-sponsored wellness programs under the Americans with...more

Washington’s New Healthy Starts Act Requires Employers to Provide Reasonable Accommodations to Pregnant Workers Absent the Showing...

by Littler on

Washington’s legislature recently passed a new Healthy Starts Act (the “Act”), which places significant obligations on Washington employers with respect to pregnant employees. These new obligations are not otherwise required...more

Well, Well, Wellness: DC Court Strikes Down EEOC Rules on Corporate Wellness Programs

When is a financial incentive in an employee-sponsored wellness program so high that employees can’t afford not to participate—rendering the program no longer voluntary? Well (pun intended), the District Court for the...more

EEOC Sues Illinois Action for Children for Disability Discrimination

Employer Fired Employee with Cancer Instead of Granting Request for Medical Leave, Federal Agency Charges - CHICAGO - Illinois Action for Children fired an employee who was on leave receiving treatment for breast cancer...more

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