News & Analysis as of

Discrimination Employer Liability Issues

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 -

Life University Sued By EEOC for Race Discrimination and Retaliation

Two Black Employees Targeted for Discipline Because of Their Race, Then Fired for Complaining About Discrimination, Federal Agency Charges - ATLANTA - Life University, Inc., the largest chiropractic college in the United...more

Before You Fire That Political Extremist . . .

If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are,...more

You Might Feel a Small Stick: EEOC Sues on Failure to Accommodate Phlebotomist

If an employer provides a temporary reassignment to accommodate an employee’s disability/pregnancy restrictions, does it have to return her to that assignment after her maternity leave? The EEOC seems to think so. In Equal...more

Horizontal Well Drillers Sued by EEOC For Age And Disability Discrimination In Hiring

Oklahoma Oil Drilling Company Also Made Unlawful Inquiries Into Applicants' Past Workers' Compensation Claims and Committed Other Violations, Federal Agency Charges - ST. LOUIS - Horizontal Well Drillers (HWD), an oil and...more

One Racial Slur is One Too Many, Rules Third Circuit

by LeClairRyan on

Is a single racial slur by an employee’s supervisor enough to create a hostile work environment under § 1981 of the Civil Rights Act of 1866?  The answer is yes according to the Third Circuit Court of Appeal’s decision in...more

Medical Marijuana Users Can Sue Their Employers

by Murtha Cullina on

In a case of first impression, a federal trial judge has found that, under Connecticut law, an employer can be sued for refusing to hire an applicant who tested positive for medical marijuana use. See Noffsinger v. SSC...more

Ford Motor Company to Pay up to $10.125 Million To Settle EEOC Harassment Investigation

Blacks and Women Subjected to Harassment at Two Chicago Facilities, Federal Agency Found - CHICAGO - Ford Motor Company has agreed to pay up to $10.125 million to settle sex and race harassment for a group of individuals...more

Puerto Rico Employers Prepare for New Guidelines Governing Equal Pay in the Workplace

by Littler on

On August 10, 2017, the Puerto Rico Secretary of Labor and Human Resources issued and made effective the Uniform Guidelines for the Self-Assessment of Equal Pay in the Workplace (“the Guidelines”). These Guidelines were...more

New Jersey Expands Protection for United States Armed Forces Members and Veterans under New Jersey Law Against Discrimination

by FordHarrison on

Governor Chris Christie signed into law New Jersey Senate Bill S726, expanding the New Jersey Law Against Discrimination to prohibit all forms of discrimination against members of the Armed Forces and veterans. The law was...more

EEOC Sues Dependable Health Services For Disability Discrimination

Health Care Staffing Agency Fired Phlebotomist With Sickle-Cell Anemia, Federal Agency Charges - BALTIMORE - Dependable Health Services, Inc., a health care staffing agency, violated federal law when it fired an employee...more

Beyond "You're Fired": Key Points for Executing Terminations

by Baker Donelson on

"You're fired!" has been a catchy phrase during the Trump era. If that phrase amounts to your plan for an upcoming termination meeting, however, you are in trouble. Much of the risk analysis and decision-making process for...more

New 'Digest of EEO Law' Issued by EEOC

Includes Key Federal Sector Decisions, Special Article on Establishing Disparate Treatment Discrimination - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) yesterday announced the latest edition of...more

Is Misogyny Protected Activity?

by Kelley Drye & Warren LLP on

The blogs and networks have been buzzing over the past few days with news that a senior software engineer at Google – James Damore – had taken it upon himself to write and post on an internal Google mailing list a ten page...more

EEOC Sues Candid Lithio for Sex Discrimination, Harassment, and Retaliation

Female Employee Subjected to Sex Discrimination and Discharged Along with Co-Workers Associated with Her, Federal Agency Charges - LAS VEGAS - Candid Lithio, a creative design services company violated federal law when...more

EEOC’s Motion For Sanctions Granted Over Employer’s Failure To Preserve And Produce Records

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an EEOC lawsuit alleging that an employer failed to reasonably accommodate its Muslim employees’ requests for prayer breaks, a federal court in Colorado granted the EEOC’s motion for sanctions — as a...more

Seventh Circuit Holds Distressed County Did Not Violate ADEA When It Terminated Rehired Retirees to Preserve Supplemental Health...

by FordHarrison on

On July 26, 2017, the United States Court of Appeals for the Seventh Circuit in Carson v. Lake County, Indiana affirmed the district court’s order granting summary judgment to the employer on the plaintiffs’ Age...more

R&L Carriers, Inc. and R&L Shared Services, LLC Sued by EEOC for Sex-based Discrimination

Companies Refused to Hire Qualified Females as Dockworkers and Loaders, Federal Agency Charges - INDIANPOLIS - Wilmington, Ohio based companies, R&L Carriers, Inc. and R&L Shared Services, LLC, refused to hire qualified...more

EEOC Sues CSX Transportation for Company-Wide Sex Discrimination

Railroad Subjected Class of Female Workers to Unlawful Physical Abilities Testing, Federal Agency Charges - HUNTINGTON, W.V. - CSX Transportation, Inc., a provider of rail-based transportation services with operations...more

Massachusetts Federal Court Doubles Down On Disparate Impact Ruling Against City Of Boston

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Smith v. City of Boston, Plaintiffs brought suit against their employer, the City of Boston (the “City”), challenging the City’s police promotional exam from sergeant to lieutenant. Plaintiffs alleged...more

Watch Out: Workplace Smells, ADA Disability, Telecommuting, and an EEOC Lawsuit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: According to the EEOC in this just filed lawsuit, a home care services provider in North Carolina violated federal disability rights law when it rejected telecommuting requests from an employee whose asthma...more

Is Your Parental Leave Policy Discriminatory?

by Akerman LLP - HR Defense on

Still think only moms are the primary caregivers for children? That ’50s era mindset is the subject of an ACLU charge of discrimination recently filed with the EEOC claiming that JPMorgan Chase’s parental leave policy...more

Taylor Shellfish to Pay $160,000 To Settle EEOC Racial Harassment Suit

Black Mechanic Forced to Quit After Enduring Slurs, Stereotypes and Retaliation, Says Federal Agency - SEATTLE - The largest producer of farmed shellfish in the United States, Taylor Shellfish, will pay $160,000 and...more

Regional International Sued by EEOC For Firing Employee Who Requested Leave for Surgery

Truck Dealership Refused to Accommodate 'Exceptional' Delivery Driver, Federal Agency Charges - NEW YORK - Regional International Corporation, a commercial truck and trailer dealership with locations in Western New York,...more

Cutting Class: Teachers’ Motion For Class Certification Denied In Race Discrimination Class Action

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Four African-American teachers alleged that their school district employer discriminated against them on the basis of race by failing to hire them as assistant principals, and filed a motion for class...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

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