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 -

The “Knife’s Edge”: Second Circuit Dulls the Standard of Proof Needed for a Hostile Work Environment

by Kelley Drye & Warren LLP on

The Second Circuit recently reversed a district court’s dismissal of a hostile work environment claim brought by a Muslim plaintiff. In-house counsel and human resources executives should take heed of this decision, which...more

EEOC Pulls the Hood Off of Employer’s Attempt to Retaliate against Its Employee

Can an employer force an employee to agree that his complaints have been adequately addressed? On April 26, the EEOC announced that Downhole Technology LLC will pay a former employee $120,000 and provide other relief after it...more

Carolina Creek to Pay $70,000 to Settle EEOC Pregnancy and Disability Discrimination Suit

Christian Camp Demoted Employee Because of Her Pregnancy and a Related Complication, Then Fired Her for Complaining, Federal Agency Charged - HOUSTON - Carolina Creek Christian Camp, Inc., a Huntsville, Texas-area...more

EEOC Sues Ruby Tuesday For Age Discrimination

Boca Raton Restaurant Refuses to Hire a Qualified Applicant Because It Wanted to 'Maximize Longevity,' Federal Agency Charges - FORT LAUDERDALE, Fla. - Ruby Tuesday, Inc., a national casual dining restaurant chain,...more

Did You Know . . . Seventh Circuit Issues Landmark Decision Holding Title VII Prohibits Sexual Orientation Discrimination

by Nossaman LLP on

In a landmark decision, the Seventh Circuit recently held that discrimination on the basis of sexual orientation is a form of actionable sex discrimination under Title VII of the federal Civil Rights Act of 1964. Unlike the...more

EEOC Sues XPO Last Mile for Religious Discrimination

EEOC Sues XPO Last Mile for Religious Discrimination Logistics Company Rescinded Job Offer to Jewish Employee Who Could Not Work on Rosh Hashanah, Federal Agency Charges - BALTIMORE - XPO Last Mile, Inc., a logistics...more

Employment News - May 2017 #2

by Hogan Lovells on

Wrong answer – applicant should have been allowed an alternative to multiple choice test - The EAT in Government Legal Service v Brookes found that a job applicant with Asperger's had been unlawfully discriminated...more

Spell Out Interview Results

by Sherman & Howard L.L.C. on

An employer in Mississippi will face trial on a claim of race discrimination because it has not explained the interview scores two candidates received. In Calvin v. MS Dept. Rehab. Servs., Civil No. 3:15-CV-827-HTW-LRA (S.D....more

Fifth Circuit Sides with EEOC in Title VII Discriminatory Hiring Case

by Baker Donelson on

The Equal Opportunity Employment Commission (EEOC) has claimed another victory in its nationwide class suit against Bass Pro, delivering what could be troubling news for employers. The Fifth Circuit Court of Appeals gave the...more

Florida Federal Court Grants Conditional Certification In ADEA Collective Action Following Employer’s Reduction-In-Force

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following an employer’s reduction-in-force that ultimately led to an ADEA collective action after several employees over 50 years old were terminated, a federal district court in Florida recently granted a...more

Seventh Circuit Breaks New Ground, Holding that Sexual Orientation is a Protected Characteristic Under Title VII of The Civil...

by Reminger Co., LPA on

As practically every American is aware, the last two decades have experienced a revolution regarding the legal treatment of sexual orientation, ultimately culminating in the United States Supreme Court’s 2015 decision in...more

One Step Remains in Correcting the Missouri Human Rights Act

by Littler on

On May 9, 2017, the Missouri Legislature passed a significant amendment to the Missouri Human Rights Act (MHRA), which would bring the Act into closer alignment with federal and other states' anti-discrimination statutes. All...more

Education Company to Pay $57,000 to Settle EEOC Sex Discrimination Suit

Special Education Associates Rescinded Job Offer to Applicant When She Refused to 'Party' With CEO, Federal Agency Charged - NEW YORK - Special Education Associates, Inc., which provides educational services to students...more

EEOC Sues It Staffing Company Diverse Lynx For Age Discrimination

Princeton Company Refused to Refer Older Applicant for Job Because 'Age Will Matter,' Federal Agency Charges - NEWARK, N.J. - Diverse Lynx, a Princeton, N.J.-based IT staffing firm, violated federal law when it failed to...more

Multiple choice test = indirect disability discrimination

by Dentons on

Multiple choice tests are commonplace in recruitment processes and are a relatively easy way for employers to whittle down the number of applicants, especially where there are large numbers of applicants. However the case...more

Glaser Organic Farms Llega A Un Acuerdo Resolutorio En La Demanda Que La EEOC Habia Radicado Por Acoso Basado En Origen Nacional,...

Trabajadoras de la Cocina Fueron Compensadas por el Discrímen por parte de la Gerencia Basado en Origen Nacional y Color - MIAMI-Glaser Organic Farms, es una granja de venta al detal en Redlands cuyo propietario y...more

Brown & Brown Insurance Brokerage Firm Settles Pregnancy Discrimination Lawsuit for $100,000

Job Offer Rescinded After Company Learned of Applicant's Pregnancy, Federal Agency Charged - ORLANDO, Fla. - Daytona Beach-based insurance brokerage firm Brown & Brown will pay $100,000 and furnish significant relief to...more

With N Word, Once is Enough. Second Circuit Rules on Hostile Environment Case

Is a single incident enough for a hostile work environment claim? It is in the Second Circuit. In Daniel v. T&M Protection Resources, Inc., the court held that one racial epithet was sufficiently severe, by itself, to create...more

The irregular thing about the Gender Pay Regulations…

by Dentons on

As reported in our article “It’s all change in employment law in April…”, private employers with 250 employees or more should have collated their relevant data on the first annual “snapshot date”, on 5 April 2017. These...more

Dueling Fifth Circuit Panel Deadlocks, No Rehearing For Bass Pro In “Big Fish” EEOC Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After a Fifth Circuit decision affirming a ruling by a U.S. District Court in Texas allowed the EEOC to seek compensatory and punitive damages in its high-profile Title VII pattern or practice race...more

EEOC Sues Impressions Incorporated for Disability Discrimination

Federal Agency Says St. Paul Company Fired Employee for Depression Despite His Submitting to Unlawfully Mandated Examination - MINNEAPOLIS, Minn. - Impressions, Incorporated, a St. Paul-based design, printing...more

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

by Goulston & Storrs PC on

Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became...more

Federal Contractor To Pay Nearly $1.66 Million To Settle Hiring Bias Allegations by OFCCP

by Fox Rothschild LLP on

A computer technology company’s recent $1.6 million settlement with the Office of Federal Contract Compliance Programs is a stark reminder that federal contractors must ensure their hiring policies do not have any unlawful...more

Rescind that Job Offer After Her Notice of Pregnancy? Maybe Not

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Minnesota Supreme Court found that a job applicant need only prove that the employee’s interest in a 12-week maternity leave was the “substantial causative factor” that “actually motivated” the...more

Dress code in the workplace: keep your high heels on!

by Dentons on

The government has undertaken to produce new guidance on workplace dress codes this summer following a joint report published by the Petitions and Women and Equalities Committees (the Committees). The report called for urgent...more

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