News & Analysis as of

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 -

The EEOC Phoenix District Office Challenges Releases Waiving Future Financial Liability for Discrimination Claims

by Littler on

A recent settlement shows that the Equal Employment Opportunity Commission (EEOC) continues, from time to time, to take the position in litigation that an employee’s private release may not waive the employee’s right to...more

Los Angeles Jury Awards Former UCLA Oncologist $13 Million In Gender Discrimination Case

On Thurs. Feb. 15, 2018, a downtown Los Angeles jury awarded Dr. Lauren Pinter-Brown, a former UCLA oncologist, $13 million in a gender discrimination case. Pinter-Brown alleged that she was forced to take another job after...more

EEOC Sues Restaurant Maurizio’s Trattoria Italiana for Pregnancy Discrimination

Restaurant Discriminated Against and Fired Female Employee After Learning She Was Pregnant, Federal Agency Charges - SAN DIEGO - Maurizio's Trattoria Italiana, LLC, a fine-dining Italian restaurant in Encinitas near San...more

OFCCP sends 1,000 Audit Notices to Government Contractors

by Stinson Leonard Street on

The Office of Federal Contract Compliance Programs (OFCCP) recently sent approximately 1,000 notices to government contractors and subcontractors to inform them that they may be subject to an audit of their affirmative action...more

The Bubbler – February 2018

Now that January has come to an end, and we’ve navigated compliance with our own resolutions and employment obligations (as discussed on our latest post on The Bubbler), we’re going to take a look at a few topics of...more

Employer Must Make Clear Decision the First Time

by Ruder Ware on

A recent decision from the Fifth Circuit Court of Appeals has again emphasized the importance of an employer making the right decision regarding the handling of an employment matter at the very start and not changing the...more

Aqua Resources to Pay $150,000 to Settle EEOC Racial Harassment and Retaliation Suit

Water Company Fired Foreman Because He Complained about Racial Slurs, Federal Agency Charged - PHILADELPHIA - Aqua Resources Inc., a Delaware-based water and wastewater service company, will pay $150,000 and provide...more

Wellness Program Uncertainty Continues

by Hodgson Russ LLP on

The US District Court for the District of Columbia recently ruled to vacate the Equal Employment Opportunity Commission (EEOC) wellness program regulations effective January 1, 2019. In August 2017, the same court ruled that...more

Vantage Drilling Sued by EEOC For Disability Discrimination

Drilling Contractor Fired Employee Because of Heart Attack, Federal Agency Charges - HOUSTON - Vantage, a Houston-based group of interrelated energy, drilling and management companies, violated federal law by firing an...more

The Risks of Older Drivers Using Medicare instead of Michigan No-Fault Auto Insurance

by Michigan Auto Law on

By allowing seniors to opt out of No Fault for Medicare, SB 787 jeopardizes seniors’ medical and financial health after a car crash - It sounds good, at first. Allowing senior and elderly drivers to opt out of Michigan...more

Re-Evaluating the Weight of the “Subtle” Discriminatory Remarks: One Pennsylvania Federal Court Discusses "Subtle” Sex...

by Fisher Phillips on

Although sex discrimination claims are often met with explanations that the alleged offender didn’t realize what they said or did was offensive, or that the recipient misinterpreted the words or actions of the alleged...more

Occupational requirements: a helpful reminder

by Dentons on

In the case of Ms Z De Groen v. Gan Menachem Hendon Ltd, an employment tribunal made a finding of religious and sex discrimination against a faith-based nursery after it dismissed a teacher for the way she was living her...more

Silverado to Pay $80,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Residential Care Provider Refused to Put Pregnant Worker on Light Duty and Fired Her Instead, Federal Agency Had Charged - MILWAUKEE, Wis. - Silverado, a network of memory care, at-home care, and hospice care centers,...more

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

by Littler on

On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more

New HHS Division to Focus on Health Care Workers' Religious or Moral Objections to Providing Certain Care

by FordHarrison on

The U.S. Department of Health and Human Services (HHS) has announced the formation of the Conscience and Religious Freedom Division of the HHS Office for Civil Rights (OCR). The new division will review complaints from...more

Omnicare Settles Asylum Discrimination Claim with DOJ

Adding another wrinkle to the increasingly contentious debate on immigration, the U.S. Department of Justice (DOJ) recently settled an asylum discrimination claim that it brought against Omnicare, a CVS Pharmacy subsidiary...more

Five Years Later: Five Takeaways From the Bulletin That Rocked the Auto Finance Industry

In 2013, the Consumer Financial Protection Bureau (CFPB) issued a bulletin on indirect auto lending that took the industry by storm. As we approach the five-year anniversary of the memo’s issuance, it’s valuable to reflect on...more

Artis v. D.C.: SCOTUS Explains How § 1367(d) Stops the Clock

by Foley & Lardner LLP on

The federal supplemental jurisdiction statute, 28 U.S.C. § 1367, allows a litigant with a federal claim to bring into federal court with it any state claims that are so related to the federal claim that they “form part of the...more

Help Wanted: How Your Online Job Advertisements Could Be Considered Age Discrimination

by Miles & Stockbridge P.C. on

More and more employers are seeking employees on the internet through targeted advertisements on Facebook. Employers can target these advertisements to certain users based on age, location, interests, experience, among other...more

U.S. Department of Education Publishes List of Schools Under Civil Rights Investigation

by Hogan Lovells on

Last week, the U.S. Department of Education (“ED”) published on its website a list of “pending cases currently under investigation” by its Office for Civil Rights (“OCR”). Previously, OCR had released a list of higher...more

4 Key Trends In Workplace Class Action Litigation For 2017: #3 Governmental Enforcement Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Despite the major ideological shift that occurred within American politics in 2017, government-initiated litigation continued to flourish if not increase even after with the election of the pro-business...more

Settling Discrimination Complaints in Wisconsin

by Ruder Ware on

A recent decision from the Wisconsin Labor and Industry Review Commission has placed a cloud over the settlement of discrimination complaints in Wisconsin. The cloud may not be very dark, but it is a matter that needs to be...more

Nursing Mothers Are Now Protected Under the NJLAD

by Ballard Spahr LLP on

The New Jersey Law Against Discrimination (NJLAD) was amended to prohibit employers from discriminating against women who breastfeed or express milk during breaks....more

Wisconsin Employee May Prosecute WFEA Claims Against Employer Despite Valid Waiver and Release of Claims

The Wisconsin Labor and Industry Review Commission recently issued a highly controversial decision, Xu v. Epic Systems, Inc., holding that (1) an employee cannot waive the right to file a discrimination complaint against her...more

New Jersey Now Bans Breastfeeding Discrimination

by Fisher Phillips on

New Jersey Governor Chris Christie began his final week in office by signing 40 bills into law, including an amendment to the New Jersey Law Against Discrimination that immediately bars discrimination against breastfeeding...more

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