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 -

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

Another Form of Workplace Harassment

Harassment is a form of workplace discrimination. The most well-known is sexual harassment, which can consist of unwelcome sexual advances or requests for sexual favors, but also includes conduct of a sexual nature which...more

EEOC Sues Connections CSP For Disability Discrimination

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

Hong Kong Enacts Apology Legislation

On 13 July 2017 the Hong Kong Legislative Council passed the Apology Ordinance. This decrees that an out-of-court expression of a person’s regret, sympathy or benevolence, including a statement that he is sorry about a...more

Third Circuit Holds that A Single Word Can Lead to Liability for Hostile Work Environment

Most employers take proactive steps to prevent and eliminate workplace harassment. Until recently, courts recognized and rewarded the proactive approach. Businesses in Pennsylvania, New Jersey and Delaware could avoid...more

It’s Reasonable to Employ Marijuana Users

by Sherman & Howard L.L.C. on

A requested accommodation for a disability is not unreasonable as a matter of law just because it is illegal under federal law, says the Massachusetts Supreme Judicial Court in a recent case. As applied there, the result is...more

EEOC Sues Capstone Logistics For Disability Discrimination

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

EEOC's Race Discrimination Suit Against Janitorial Company Includes Background Check Allegations

by Littler on

The filing of a new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) answers the question whether, after five years of intensive scrutiny, employers can breathe a sigh of relief in terms of...more

New Federal Regulations for Schools - Clarifies Language and Requirements Related to Special Education

by Best Best & Krieger LLP on

Recently, the U.S. Department of Education published regulations to implement Rosa’s Law, legislation enacted in 2010 to replace the term “mental retardation” with “intellectual disability” in federal laws. These laws include...more

EEOC Sues Advanced Home Care For Disability Discrimination

Call Center Violated Federal Law by Refusing Accommodation for Employee With Asthma and COPD and Then Firing Her, Federal Agency Charges - CHARLOTTE, N.C. - Advanced Home Care, Inc., a North Carolina nonprofit corporation...more

Is “Reverse Discrimination” Still A Thing?

A recent study in Australia sought to determine whether “de-identifying” applications – removing any information relating to race and gender – would eliminate the effects of implicit or unconscious bias and “help promote...more

Best in Law: What to do to Comply with Transgender Laws - New California Laws Took Effect July 1

by Best Best & Krieger LLP on

California is continuing to be a leader on emerging civil rights issues. Back in 2004, California enacted laws to protect transgender workers. Transgender issues have become a front-burner topic.   On the national scene,...more

New Connecticut Law Enhances Protections for Pregnant Employees

by Littler on

A new Connecticut law significantly enhances existing anti-discrimination protections for pregnant employees. “An Act Concerning Pregnant Women in the Workplace,” (the “Act”) signed into law by Governor Dannel Malloy on July...more

Eleventh Circuit Sets the Stage for U.S. Supreme Court Certification on Whether Sexual Orientation is Protected by Title VII

by FordHarrison on

On March 10, 2017, in Evans v. Georgia Regional Hospital, a split panel of the U.S. Court of Appeals for the Eleventh Circuit held that it was bound by prior precedent that Title VII of the Civil Rights Act of 1964 does not...more

Only “Open Access” students attending Catholic separate secondary schools in Ontario may opt-out of religion classes: confusion...

by Dentons on

The recent media attention over the Ontario Human Rights Commission settlement involving a student who alleged discrimination when she sought an exemption from religion classes has caused confusion as to whether all...more

EEOC To Employers: Requiring Employees to Return to Work with “No Restrictions” Could Get You Sued

Before the Americans with Disabilities Act (and there was a time before the ADA), it was not uncommon to require employees to have a doctor’s note returning them to work “with no restrictions.” That won’t work in today’s ADA...more

WPI State of the States: State Legislatures and Governors Turn Up the Heat

by Littler on

As the dog days of summer settle in, most statehouses have closed up shop. Legislatures in approximately 12 states remain in regular session, however, with a couple more active in special session. Roughly 200 labor and...more

Nevada Health Centers Settles EEOC Sex Discrimination Lawsuit

Health Care Provider Discharged Male Employee Because of His Gender, Federal Agency Charged - LAS VEGAS - Nevada Health Centers will pay $35,000 and provide other relief to resolve a sex discrimination lawsuit filed by the...more

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