Discrimination Sex 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 -
News & Analysis as of

Sixth Circuit Says Plaintiff Can Pursue Blended Race and Sex Discrimination Claim Even Though She Was Replaced By a Woman

When pursuing a federal employment discrimination claim, plaintiffs frequently allege multiple bases for the claim, i.e., age and disability, or gender and religion. Last month, the Sixth Circuit Court of Appeals concluded...more

Employers To Face More Concurrent EEOC and Tort Suits after Second Circuit Decision

Last week the U.S. Court of Appeals for the Second Circuit held that filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) does not toll the statute of limitations for state-law tort...more

Not all offensive behavior is actionable

There are a lot of good reasons for employers to want to eliminate workplace confrontations. Disputes among employees affect productivity, make for an unhappy and unprofessional work environment, and can escalate to more...more

It’s Never Too Late To Take Corrective Action On A Discrimination Claim

Have you ever thought to yourself when knee-deep in messy litigation, “Wow! If I could only roll back time and do things differently!”? Well, sometimes you can. A recent case illustrates this. In Reeves v. Tennessee Farmers...more

"Does Leaning In Make Legal Sense for Employers? Definitely."

With employment discrimination charges at a 15-year high, employers are seeing a particular increase in claims brought by workers who are pregnant or caring for young children or aging parents. A 2010 report by the Center for...more

N.J. Court Upholds Criminal Indictment against Former Employee Who Took Confidential Documents

Recently, the Appellate Division of the New Jersey Superior Court upheld a criminal indictment against a former employee of the North Bergen Board of Education (the Board), which stemmed from the alleged theft of public...more

New Gender Equality Notice Issued for New Jersey Employers

The New Jersey Commissioner of Labor and Workforce Development recently issued the official notice poster (the “Notice”) informing employees of their right to be free from gender-based discrimination in pay, compensation,...more

Sixth Circuit Affirms Summary Judgment Dismissing Plaintiff’s Wage Discrimination Claims

The Sixth Circuit recently upheld a district court’s grant of summary judgment dismissing a female plaintiff’s wage discrimination claims under the Equal Pay Act (“EPA”), Title VII, and Michigan’s Elliot-Larsen Civil Rights...more

Employment Law 101: Holiday Parties

Who, What, Why . . . Who does it apply to: This one is pretty straight forward. It applies to all employers contemplating any type of holiday gathering for its staff. What are the legal issues: Holiday parties...more

Supreme Court Hears Second Affirmative Action Case This Year

On October 15, only four months after the United States Supreme Court heard arguments regarding an affirmative action program for the University of Texas, the Supreme Court heard oral argument in Schuette v. Coalition to...more

Bill to Ban Pregnancy Discrimination Unanimously Passed by New Jersey Senate

Similar to recent legislation passed in New York City, the New Jersey Senate unanimously passed a bill on Monday that would explicitly prohibit employment discrimination based on pregnancy, childbirth, or medical conditions...more

New York City Expressly Requires Reasonable Accommodation of Pregnant Employees, Adds Notice Obligations

On October 2, 2013, New York City Mayor Michael Bloomberg signed Int. No. 974-2012A to amend the New York City Human Rights Law (NYCHRL) by expanding protections against discrimination for pregnant employees. The NYCHRL, as...more

EEOC Sues Employment Staffing Agency ILM for Sex-Based Hiring Discrimination

California-Based Firm Refused to Refer Women For Jobs in Tennessee, Federal Agency Charges - NASHVILLE, Tenn. - A California-based private employment and recruiting agency, Industrial Labor Management Group, Inc....more

Former Dukes Class Members Foiled by Eleventh Circuit’s “No Piggybacking” Rule

Former Wal-Mart Stores, Inc. v. Dukes class members were dealt another blow this week when Southern District of Florida District Judge Robert N. Scola, Jr. granted Wal-Mart’s motion to dismiss more regionally-focused class...more

New York City Council Amends New York City Human Rights Law to Require Employers to Provide Reasonable Accommodations to Pregnant...

The nation’s broadest anti-discrimination law just got broader – now requiring employers to provide reasonable accommodations to pregnant employees. Existing Federal, state and city laws already protect women against...more

EEOC Cut Short for Shortcutting Path to Court – Again

Last week, the EEOC suffered another major loss when a New York district court found that the EEOC once again shirked its pre-litigation obligations under Title VII. In EEOC v. Bloomberg, L.P., No. 1:07-cv-08383-LAP...more

Accommodating the Breastfeeding Employee

The Scenario: Female employee returns from 12-week maternity leave. Upon her return to work, she requests permission to use break time to express breast milk. Additionally, she requests a private room other than a bathroom...more

Florida Supreme Court to Decide Whether the Florida Civil Rights Act Prohibits Pregnancy Discrimination

The Florida Supreme Court has granted review to resolve a conflict between two of Florida’s district courts of appeal on whether the Florida Civil Rights Act (FCRA) prohibits pregnancy discrimination. In Delva v. Continental...more

The Path to Equality -- Yesterday and Today

The movement toward equal rights for women and minorities has a long and storied history. Organizations that strive for equality for all races, genders, and religions can trace their origins back to a small gathering in...more

Franczek Radelet Attorneys Prepare NSBA Friend Of The Court Brief In U. S. Supreme Court Case

On August 30, 2013, the National School Boards Association filed an amicus brief prepared by Franczek Radelet attorneys in the U.S. Supreme Court. The “friend of the court” brief addresses the significant detrimental impacts...more

Construction Contractor Sued by EEOC for Sex Discrimination

Company Systematically Fired Female Sheet Metal Workers, Federal Agency Charged - NEW YORK - Vamco Sheet Metals, Inc. violated federal law by serially firing female sheet metal workers working for the company on a...more

U.S. District Court Decision Against EEOC: Use of Criminal Background and Credit History Checks in Making Hiring Decisions

A U.S. District Court judge in Maryland has dismissed a lawsuit that accused a nationwide marketing company of using background checks to discriminate against minority and male job applicants after finding the Equal...more

Equal Credit Opportunity Act — A Primer on Disparate Impact, Part One

What is fair? In the area of credit, it would seem to mean being treated equally. Thus, for example, the Federal Equal Credit Opportunity Act (ECOA) states that it is unlawful for a creditor to discriminate against an...more

Six Lessons for Franchisors on Avoiding Liability Under Title VII

Restaurant franchisor Buffalo Wild Wings, Inc. (BWW) and Buffalo Wild Wings International Inc. were sued in Arizona's federal district court on charges of Title VII violations....more

EEOC Sues Checkers for Pay Discrimination

Restaurant Chain Paid Female Managers and Cashiers Less Than Males, Federal Agency Says - PHILADELPHIA -- Market Burgers, L.L.C., doing business as Checkers, a fast food restaurant chain, violated federal law by paying...more

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