Discrimination, Title VII | JD Supra Law News

Major Changes to Colorado Discrimination Law Will Negatively Impact Employers Large and Small

by Kalisha Chorba, Larry Marquess | Littler on 5/24/2013

On May 6, 2013, Colorado Governor John Hickenlooper signed into law the Job Protection and Civil Rights Enforcement Act Of 2013 (Act), which amends the Colorado Anti-Discrimination Act (CADA), the state law prohibiting...more

Has the standard for discrimination claims truly changed for NYC employers and employees? The New York City Human Rights Law is...

by Ariel Belen | JAMS, The Resolution Experts on 5/22/2013

In 2005, New York City passed the Civil Rights Restoration Act amendments to the New York City Human Rights Law (NYCHRL). Given the language and legislative history of these amendments, many courts have since recognized that...more

EEOC Files Class Genetic Information Discrimination Suit Against Corning Rehab Center

by U.S. Equal Employment Opportunity Commission... on 5/17/2013

Founders Pavilion Violated Federal Law by Asking for Genetic Information From Applicants and Employees, Federal Agency Charges - NEW YORK - The Founders Pavilion, Inc., a Corning, N.Y., nursing and rehabilitation...more

Gender Stereotyping Based on a Person’s Non-Conforming Behavior Violates Title VII

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2013

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

Fenwick Employment Brief - May 2013

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/15/2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

Attorney Fees Not Available In Mixed Motive Retaliation Claims Under Title VII, Seventh Circuit Rules

by Michael Newman | Barger & Wolen on 5/8/2013

Under Title VII, in “mixed motive” discrimination cases (i.e., discrimination motivated in part, but not entirely, by an impermissible factor), an employer may limit Plaintiff’s recovery where it can show that it would have...more

Orland Park Janitorial Company to Pay $360,000 to Resolve Claim of Discrimination against Hispanics

by U.S. Equal Employment Opportunity Commission... on 5/3/2013

EEOC Says RJB Properties Harassed and Fired Hispanic Employees and Retaliated Against Supervisors Who Refused to Fire Hispanic Employees - CHICAGO - RJB Properties, Inc. (RJB), a janitorial company headquartered in...more

Presrite Corporation to Pay $700,000 and Offer 40 Jobs to Settle EEOC Class Action Lawsuit

by U.S. Equal Employment Opportunity Commission... on 5/1/2013

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

Hire Dynamics Sued by EEOC for Retaliation

by U.S. Equal Employment Opportunity Commission... on 4/24/2013

Federal Agency Charges Staffing Company Stopped Giving Work to Employee Because He Filed EEOC Charge - ATLANTA - Hire Dynamics, LLC, a major staffing and professional recruitment company headquartered in Duluth, Ga.,...more

Edgewater Japanese Market to Pay $250,000 to Hispanic Employees Paid less Due to National Origin

by U.S. Equal Employment Opportunity Commission... on 4/19/2013

Mitsuwa Marketplace Violated Law by Paying Hispanic Workers Less Than Others for Identical Jobs, Federal Agency Charged - NEWARK, N.J. -- Mitsuwa Corporation, which does business as Mitsuwa Marketplace, a large...more

Fifth Circuit: No Fee Shifting For Title VII Mixed-Motive Retaliation Claims

by Jonathan Hershberg, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 4/18/2013

On April 3, 2013, the Fifth Circuit affirmed a ruling from the U.S. District Court for the Northern District of Texas that a plaintiff was not entitled to attorney’s fees and costs under Title VII (42 U.S.C. § 2000 e-5(g))...more

OFCCP’s New Compensation Directive: The Agency’s Continued Search For Systemic—Or Any—Discrimination In Compensation

by Dara DeHaven, Leigh M. Nason | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/16/2013

After a relatively quiet 2012, the Office of Federal Contract Compliance Programs (OFCCP) hit the ground running in 2013. In a second major announcement in the new year, OFCCP issued new investigation standards and procedures...more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Landau Uniforms Settles EEOC Pregnancy Discrimination Suit for $80,000

by U.S. Equal Employment Opportunity Commission... on 4/9/2013

Health Care Clothing Manufacturer Fired Employee Due to Pregnancy, Federal Agency Charged - OXFORD, Miss. Landau Uniforms, Inc., a Mississippi-based company that manufactures and distributes medical scrubs and other...more

Higher Education Highlights - Spring 2013

by James Keller, William Manning, Christine Pickel, James Taylor, Jr. | Saul Ewing LLP on 4/9/2013

In This Issue: - U.S. Supreme Court to Rule on Causation Factor in Retaliation Claims - Student Sues University Over the Right to Keep a Guinea Pig in a College Dorm for Emotional Support - Delaware...more

EEOC Sues Winfield Rubber for Retaliation

by U.S. Equal Employment Opportunity Commission... on 4/9/2013

Manager Fired for Disciplining Accused Harasser, Federal Agency Charges - BIRMINGHAM, Ala. Winfield Rubber Manufacturing Co., Inc. violated federal law when it retaliated against one of its managers for firing an...more

Restaurant Industry Newsletter - April 2013: Help! I just received a Charge of Discrimination from the EEOC. What is it, and what...

by Todd Aidman | FordHarrison on 4/5/2013

If you just received a charge of discrimination from the Equal Employment Opportunity Commission ("EEOC"), you are not alone. During the EEOC's 2012 fiscal year, 99,412 charges of discrimination were filed. ...more

Updates from the Second Circuit and Supreme Court About Arbitration Provisions and Potential Impact on Employers

by Lisa E. Cleary, Nivritha Ketty, Adam Pinto, Catherine A. Williams | Patterson Belknap Webb & Tyler LLP on 4/3/2013

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

Class Action Alert: Recent Developments Favorable for Employers

by Bradford G. Harvey, Jennifer W. Terry | Miller & Martin PLLC on 4/2/2013

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

Supreme Court Poised To Consider Additional Basis For Age Discrimination Claims

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 4/1/2013

The Supreme Court may soon resolve a split among the appeals courts as to whether filing a charge under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission (EEOC) is the sole...more

East Coast Waffles Settles EEOC Lawsuit for Retaliation

by U.S. Equal Employment Opportunity Commission... on 3/29/2013

Federal Agency Charged Restaurant Fired Employee for Complaining About Customer Harassment - TAMPA, Fla. - East Coast Waffles, Inc., an Atlanta-based company which owns and operates more than 100 Waffle House...more

Second Circuit Mandates Arbitration For Title VII Class Action

by Mark Batten | Proskauer - Class & Collective Actions on 3/28/2013

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

Second Circuit Holds No Substantive Right To Bring A Pattern-Or-Practice Title VII Claim

by Kelly Cullen, Sara Dionne, Jessica Perry | Orrick - Global Employment Law Group on 3/27/2013

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

Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive...

by Keisha-Ann Gray, Steven Hurd, Kathleen McKenna | Proskauer Rose LLP on 3/27/2013

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

Ozarks Electric Cooperative to Pay $95,000 to Settle EEOC Religious Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 3/26/2013

Company Fired Jehovah's Witness Because of Her Religion, Federal Agency Charged - FAYETTEVILLE, Ark. - Ozarks Electric, an electric cooperative located in Fayetteville and Springdale, Ark., will pay $95,000 to a...more

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Discrimination › Title VII