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 -

Senate Votes to Strike Down Key CFPB Bulletin on Lending Discrimination in the Indirect Auto Market

by McGuireWoods LLP on

On Wednesday, the U.S. Senate voted almost entirely along party lines to invalidate, under the Congressional Review Act, the Consumer Financial Protection Bureau’s (CFPB) (in)famous 2013 Bulletin on lending discrimination in...more

New Orleans Towing Company Sued by EEOC For Breaching Settlement Agreement

Company Refused to Pay Money Pursuant to Settlement Agreement It Signed at EEOC Mediation of Pregnancy Discrimination Charge, Federal Agency Charges - NEW ORLEANS - TRU Towing Auto, a New Orleans-based towing business,...more

“Why Matters” – In Texas, Proving Same-Sex Harassment “More Complicated” than Proving Opposite-Sex Harassment

by Bracewell LLP on

On April 6, 2018, the Texas Supreme Court issued a decision assessing what evidence is necessary to support an actionable same-sex sexual harassment claim. In an opinion totaling over 100 pages, the six-justice majority and...more

New Jersey Court Expands Coverage: New Jersey Law Against Discrimination May Apply to Telecommuter Located in Massachusetts

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On April 2, 2018, the New Jersey Appellate Division reversed an order granting summary judgment to Defendant Legal Cost Control, Inc., finding that New Jersey’s Law Against Discrimination (LAD) may apply to...more

Capstone Logistics to Pay $50,000 To Settle EEOC Disability Discrimination Suit

Company Refused to Hire Qualified Applicant Because He Is Deaf, Federal Agency Said - BALTIMORE -- Capstone Logistics LLC, a Norcross, Ga.-based manufacturing and distribution company, will pay $50,000 and provide...more

Employment news - April 2018

by Hogan Lovells on

In this weeks issue: - Consultation on parental bereavement leave - On the up – increase in Vento bands in discrimination claims - Better late than never? – EHRC enforcement of gender pay gap reporting... ...more

“Time’s Up” Legislation Passes Judiciary Committee; Will It Pass the Senate?

by Shipman & Goodwin LLP on

Earlier this week, the Judiciary Committee (by a 25-16 vote) approved of Senate Bill 132, being labelled by it’s proponents as the “Time’s Up” bill but covers both harassment and discrimination cases. I covered an...more

American Pride Waste Solutions Sued by EEOC For Sex Discrimination

South Carolina Company Refused to Hire a Female Truck Driver Because of Her Sex, Federal Agency Charges - ATLANTA - American Pride Waste Solutions, Inc., a Bluffton, S.C., waste collection company, violated federal law by...more

So What’s it Going to Cost Me?

by Foley & Lardner LLP on

When faced with an employment discrimination, harassment or retaliation claim, often the immediate response is, “We are going to defend ourselves and prove we are right,” followed by, “So what will it cost us if we lose?”...more

Multilayer Performance Review Can Help Avoid 'Cat's Paw' Claims

In order to prove disparate treatment discrimination under federal employment laws, plaintiffs must demonstrate that the decision-maker in an adverse action was at least partially motivated by discriminatory intent. Federal...more

EEOC Brags While Employees Look for New Jobs

by Sherman & Howard L.L.C. on

On April 2, 2015, the EEOC issued a self-congratulatory press release in which it bragged mightily about a $100,000 judgment it just obtained in a discrimination lawsuit. The press release identified the defendant in the...more

EEOC Sues Waterford School District for Retaliation

School District Failed to Recall Teacher in Retaliation for His Age Discrimination Complaint, Federal Agency Charges - DETROIT - The Waterford Public School System, a school district located in Waterford, Mich., violated...more

Five Tips For Handling Tricky Religious Accommodations

When an employee’s religious beliefs conflict with a workplace policy, you need to consider whether a reasonable accommodation can be made, without creating an undue hardship. Many times, these religious accommodations...more

EEOC And the Philippines Renew Historic National Partnership And Outreach Agreement To Fight Job Discrimination

Pact Advances Ongoing Collaboration to Combat Job Bias - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) and the Embassy of the Republic of the Philippines have officially committed to continuing to...more

Eleventh Circuit Upholds EEOC Verdict Challenging Employer’s Policy Favoring Current Employees For Open Positions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a cautionary tale for all employers, the Eleventh Circuit recently upheld a jury verdict of intentional discrimination in an EEOC lawsuit when an employer hired a current employee who was facing an...more

Railroad Success (For Now) in Challenging State Fuel Tax as Unlawfully Discriminatory

by Stinson Leonard Street on

In a tax case that has had more twists and switchbacks than the Swiss Glacier Express, rail carrier CSX scored an important victory on March 23, 2018, in its decade-long effort to challenge what they contended was an...more

#MeToo Comes to Washington State

In response to the #MeToo movement, lawmakers in several states are introducing bills aimed at curbing workplace sexual harassment and addressing how complaints and resolutions are handled by employers. Washington is no...more

MCAD Issues Timely Guidance on the Pregnant Workers Fairness Act

On February 28, 2018, the Massachusetts Commission Against Discrimination posted on its website four pages of Questions and Answers that supplement the Pregnant Workers Fairness Act Guidance it posted a few weeks earlier, in...more

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges...more

Employers Should Not Fear the So-Called "Take Your Guns to Work Act"

by FordHarrison on

On March 9, Florida Governor Rick Scott signed into law the newly enacted Marjory Stoneman Douglas High School Public Safety Act, on March 9, the first gun control measure enacted in the state in over 20 years. While, that...more

Beltway Buzz - March, 2018 #3

If, like the Buzz, your bracket is already busted, please take a break from the games and spend a few minutes reading about what happened in labor and employment policy in D.C. this week. Fiduciary Rule Vacated. On March...more

More Transparency at the OFCCP: New Protocol to Standardize Use of Predetermination Notices

In a move toward greater transparency, the Office of Federal Contract Compliance Programs (OFCCP) recently issued Directive 2018-01 affecting the use of predetermination notices (PDNs) in discrimination cases. OFCCP uses PDN...more

Professional Endodontics to Pay $47,000 to Settle EEOC Age Discrimination Suit

Medical Practice Discharged Employee Because She Turned 65, Federal Agency Charged - DETROIT - A Southfield, Mich.-based oral surgery practice will pay $47,000 to settle an age discrimination lawsuit filed by the U.S....more

Timing Is Everything When Firing Someone

by Shipman & Goodwin LLP on

A recent decision from a federal court in Connecticut serves as a reminder of something you will likely hear whenever you consult a lawyer about the possibility of terminating an employee. Has the employee recently engaged in...more

New OFCCP Directive on Predetermination Notices Makes it Easier for Contractors to Understand and Address OFCCP Audit Concerns

by Littler on

A Promise of Greater Transparency and Consistency - In recently meeting with the OFCCP’s new leadership, we were pleased to hear that they are committing to increasing transparency and achieving consistency across regional...more

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