In response to the rising number of cases of COVID-19, Governor Polis issued an Executive Order requiring everyone in Colorado over ten years old to wear a mask when “entering or moving within any Public Indoor Space,” as...more
In a landmark decision on workplace discrimination, the Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation and transgender status. The vote was 6-3, with...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The Fourth Circuit Court of Appeals recently reversed a jury award of punitive damages under Title VII because the plaintiff had not established the employer acted with malice or reckless indifference. The Court held that a...more
The Colorado Department of Labor and Employment adopted the Health Emergency Leave with Pay Rules, 7 CCR 1103-10, to limit the spread of the coronavirus (COVID-19). The emergency rules require employers in certain industries...more
It is a common scenario: An employee claims a particular supervisor causes too much stress, exacerbating a medical condition, and the employee requests reassignment as an accommodation. Must the employee be reassigned as a...more
Zero tolerance against workplace violence is a laudable policy. So too is encouraging employees to withdraw to safety when encountering workplace violence. Thus, when two employees get into a fight, a rational response (and...more
Race under Title VII is often framed as an “immutable characteristic.” Yet courts struggle with the notion that expressions of identity and culture can be extensions of race. Hair is a good example. One’s hair may be part of...more
Signed into law on May 16, 2019, by Governor Polis, Colorado employers will soon be at risk of a felony conviction and incarceration for “wage theft.” The new law is an express recognition of labor as a thing of value that...more
Courts are becoming more receptive to the idea of working from home as a reasonable accommodation under the Americans with Disabilities Act (“ADA”). A few principles remain static, however, as reflected by the Eight Circuit...more
When Kia discovered that its human resources manager had encouraged an employee to file a charge of discrimination, Kia discharged the HR manager. Kia decided it could not trust the HR manager to do her job, specifically, to...more
A customer at a members-only wholesale club frightened an employee with his constant attention. He asked personal questions, repeatedly asked her out and offered his phone number, touched her face while he asked about...more
An employee was unable to return to work full time because she was experiencing postpartum depression. She worked half time instead and, according to the employee, she was still able to do everything that was required of her...more
When it enacted Title VII of the Civil Rights Act of 1964, Congress stated a desire to assure individuals additional opportunities to observe religious practices when they conflict with employment. But what does it mean...more
The EEOC filed two lawsuits today alleging – for the first time – that discrimination on the basis of sexual orientation violates Title VII. As you know, sexual orientation is not expressly protected under Title VII, so these...more
In Brandon v. Sage Corp., No. 14-51320 (5th Cir. Dec. 10, 2015), the Fifth Circuit addressed whether a threat to cut a supervisor’s pay in half was, by itself, a “materially adverse employment action.” The plaintiff was a...more
Someone repeatedly defecated in the warehouse and the employer conducted an investigation. Two employees were at work at the time of the foul conduct; the employer ordered them to give a DNA sample – by submitting to a cheek...more
The Department of Labor’s Administrative Review Board (ARB) released its long-awaited opinion in the Weeks Marine case. In that decision, ARB announced a rule that is an important development for federal government...more