News & Analysis as of

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 -

Justice Department Says Vending Machines Are Not Places Of Public Accommodation—And So Much More

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In amicus brief to the U.S. Supreme Court, the Justice Department agreed with the Fifth Circuit and defendant Coca-Cola that a vending machine is not a place of public accommodation and that public...more

EEOC Sues Wesley Health System / Merit Health Wesley For Disability Discrimination

Company Refused to Accommodate and Fired Employee Because of Arm/Shoulder Injury, Federal Agency Charges - BIRMINGHAM, Ala. - Wesley Health System, LLC, dba Merit Health Wesley, a general medical and surgical hospital...more

Gender Identity Not Covered By Missouri Human Rights Act, Court Says

Last week, the Missouri Court of Appeals issued an opinion holding that gender identity is not covered by the prohibition on sex discrimination in the Missouri Human Rights Act. The opinion builds on a 2015 opinion from the...more

A Candidate Named Sue (or Maybe Regina)? Tread Carefully With the Litigious Job Applicant

When is it safe to take action against an employee (or a former employee) who filed an EEOC charge against you? As the 7th Circuit just found in Baines v. Walgreen Co., you can never –REPEAT, NEVER – take action because an...more

Rental Applications: Can rejecting a tenant based criminal background lead to a HUD complaint?

If an association has the right to deny rental applications and it does so based on an applicant’s criminal background, the association should review whether its policies, procedures and practices may lead to claims of...more

A Drill Down On Pence’s Policy In Context Of Avoiding Workplace Discrimination

David Donovan of South Carolina Lawyers Weekly posted an article, “The Pence Policy: Male-Female Interaction Rule May Have Pitfalls for Employers”, which addresses how Vice President Pence’s policy to never eat alone with a...more

Lawmaker Investigates Small-Business Fintech Lending

Expressing concern about potential discrimination, one federal lawmaker has decided to take a closer look at small-business financial technology lending, sending letters to several fintechs with a series of questions....more

Dollar General Sued by EEOC For Disability Discrimination and Retaliation

Portal, Ga., Store Manager Refused to Interview Applicant After Seeing Her Arm in a Sling, Federal Agency Charges - ATLANTA - The owner-operator of a Georgia Dollar General store violated federal law by discriminating...more

Client Alert: Eleventh Circuit Declines to Reconsider Sexual Orientation Discrimination Decision; Plaintiff Will Appeal to U.S....

In April, we reported that a three-judge panel of the Eleventh Circuit held that sexual orientation discrimination is not prohibited under Title VII of the Civil Rights Act of 1964 in Evans v. Georgia Regional Hospital, et....more

Pennsylvania Office of Public Records Will Pay $60,000 to Resolve EEOC Age Suit

State Agency Refused to Hire Attorney Based on Age, Federal Agency Charged - HARRISBURG, Pa. -- The Commonwealth of Pennsylvania's Office of Public Records will pay $60,000 and costs to settle a federal age discrimination...more

New California Transgender Regulations: Employer Do's & Don'ts

by Ballard Spahr LLP on

California continues to forge a trail for gender identity protections in the United States. On July 1, 2017, the Fair Employment and Housing Council enacted new regulations addressing transgender issues that broaden the scope...more

Airline Passenger Mistreatment Claim Dismissed

by Benesch on

Recently, airlines have been subject to intense public scrutiny over several high-profile incidents over alleged mistreatment of passengers. These reports are not limited to one particular incident where a customer was...more

Nevada Follows Trend By Passing Strict New Wage Disclosure Law

by Fisher Phillips on

Many legitimate reasons exist to explain differences in compensation within a company, such as job qualifications and prior experience. Although employers may wish to maintain the privacy of this information, they could face...more

Employment News - July 2017 #4

by Hogan Lovells on

Compare and contrast – pension based on hours reduced because of disability was not discriminatory - The Court of Appeal has upheld the EAT decision in Williams v The Trustees of Swansea University Pension & Assurance...more

Meat Market San Juan Agrees to Conciliate EEOC Age Discrimination Investigation

SAN JUAN, P.R. - Meat Market San Juan, LLC, a steakhouse in San Juan, P.R., has agreed to pay a monetary amount to unsuccessful job applicants and to maintain a workplace free of discrimination to resolve an age...more

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

by Ballard Spahr LLP on

The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more

Chemtrusion to Pay $145,000 to Settle EEOC Class Disability Discrimination Case

Company Screened Out Job Applicants After Medical Examinations Without Any Individualized Assessments on Fitness for Work, Federal Agency Charged - INDIANAPOLIS - Chemtrusion, Inc., a Houston-based manufacturing services...more

U.S. Court of Appeals Upholds MSHA’s Right to Obtain Personnel Records from Mine Operators

by Stoel Rives LLP on

On July 18, in Hopkins County Coal, LLC v. Perez, the U.S. Court of Appeals for the Sixth Circuit issued an opinion upholding two citations and an order issued to a mine operator, Hopkins County Coal, for its refusal to turn...more

Pennsylvania employers beware: One slur by a supervisor can now create a hostile work environment.

by Tucker Arensberg, P.C. on

The Third Circuit recently ruled that a single extreme act of discrimination can produce an actionable hostile work environment claim. In doing so, the court clarified that the legal standard for such claims requires that an...more

Champion Fiberglass Sued by EEOC for Systemic Race and National Origin Discrimination

Federal Agency Charges Local Company Engaged in Practices That Unlawfully Discriminated Against Non-Hispanic Applicants - HOUSTON - Champion Fiberglass, Inc., a Houston-area manufacturing company, violated federal...more

Big 5 Sporting Goods Sued by EEOC for Racial Harassment

Black Employee Taunted with Racial Slurs and Death Threats, Federal Agency Charges - SEATTLE - One of the Western United States' largest sports retailers, Big 5 Sporting Goods, violated federal law when it allowed ongoing...more

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

by Littler on

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...more

New National Origin Discrimination Regs: FEHC Hears Public Comments

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On July 17, 2017, the California Fair Employment and Housing Council (FEHC) heard public comments on its proposed regulations covering national origin discrimination under the FEHA. Discussion centered on...more

Massachusetts Supreme Judicial Court Rules That Employers May Need To Accommodate Off-Duty Medical Marijuana Use

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based...more

Administrative Law Judge Winnows OFCCP’s Data Request

by Littler on

On July 14, 2017, an administrative law judge issued a 43-page set of recommendations and order (“Order”) on the Office of Federal Contract Compliance Programs’ (“OFCCP”) data requests issued to Google, significantly...more

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