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.
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As the U.S. Supreme Court has recognized, Title VII of the Civil Rights Act of 1964 is intended to “strike at the entire spectrum of disparate treatment of men and women resulting from sex stereotyping.” Recently, a federal...more
Manufacturing Company Refused to Hire Females, Federal Agency Says - CLEVELAND - Presrite Corporation, a manufacturing company headquartered in Cleveland that makes gears and other industrial parts, will pay $700,000,...more
Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more
Individualized Proof of Damages Can Block Class Certification Under Rule 23(b)(3) - The United States Supreme Court in Comcast v. Behrend continued its trend of disfavoring class certification of cases involving...more
The editors wanted to share this analysis, by Proskauer’s Employment Litigation and Arbitration Group, of the Second Circuit’s interesting recent decision requiring a Title VII plaintiff, even in a class action, to arbitrate...more
Reversing a denial of a motion to compel arbitration in Parisi et al. v. Goldman, Sachs & Co. et al., the Second Circuit held that a plaintiff does not have a substantive right to bring a pattern and practice claim under...more
On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in...more
In a January 23, 2013 decision, the U.S. District Court for the Northern District of Oklahoma continued a recent trend in Oklahoma cases enforcing arbitration clauses included in employment agreements or relationships....more
On January 8, 2013, the U.S. Supreme Court was petitioned to rule on whether employees must file a new or amended charge to pursue an employment retaliation claim arising from an initial Title VII discrimination charge....more
Over the last week, two unrelated stories caught my eye. For employers, they are a reminder that claims of pay inequality based on gender are still something to be concerned about. ...more
Don’t come to work in Iowa looking better than you should be lest you’re looking to be fired. At least that’s what the Iowa Supreme Court late last December in a case involving a dentist and his assistant. It’s a bizarre case...more
On September 19, 2012, New Jersey Governor Chris Christie signed a law requiring employers in the State of New Jersey with more than 50 employees to post and distribute notification to employees detailing "the right to be...more
Under Title VII, an unlawful employment practice is established when an employee demonstrates that gender is a motivating factor for an adverse employment action. Under that analysis, a number of federal appellate courts...more
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