Discrimination
What Is A Protected Class Under Title VII?
The Equal Employment Opportunity Commission (EEOC), the Justice Department, and many courts across the country have stated that it’s illegal to discriminate against employees for being transgender. In fact, just recently Attorney General Eric Holder announced that its DOJ policy that transgender people are protected under Title VII. Many times, gender discrimination lawsuits are filed…
Read MoreGeorgia School Districts Cannot Claim Immunity Under The Eleventh Amendment
The U.S. Court of Appeals for the 11th Circuit in Atlanta has just issued an important ruling that could potentially impact future employment discrimination lawsuits. The decision provides that Georgia school districts cannot hide behind the Eleventh Amendment’s immunity provisions to shield them from suits in federal court. Generally, the Eleventh Amendment shields states from federal lawsuits…
Read More50 Years Later: the Civil Rights Act of 1964 and Title VII
In 1963, after marches and lobbying by the civil rights community, President John F. Kennedy publicly endorsed a civil rights bill, which would give “all Americans the right to be served in facilities which are open to the public – hotels, restaurants, theaters, retail stores, and similar establishments,” as well as “greater protection for the…
Read MoreMcDonald’s Corporation Sued In Employment Discrimination Case
Legal news reports that a group of former McDonald’s workers has filed an employment discrimination lawsuit against the fast-food giant. The 10 plaintiffs have alleged that they were subjected to racial discrimination and sexual harassment at the hands of managers at a Virginia franchise. They have named McDonald’s Corporate as a defendant as well, asserting…
Read MoreWhen Is Workplace Bullying Discrimination?
A recent article raised an interesting question – is “bullying” a new form of workplace discrimination? The article was premised on the idea that often harassing behaviors occur within the office setting but may not rise to level of what workers think constitutes actionable discriminatory conduct. However, while many companies and employees recognize that blatant…
Read MorePolicies That Have Disparate Impacts On Protected Individuals May Be Discriminatory
Workplace discrimination can occur in a variety of manners. Although employment discrimination cases often focus on intentional acts of discrimination – such as not hiring someone or firing someone because of their race or gender – policies or actions that negatively impact a protected group may also constitute discrimination. Called “disparate impact” discrimination, this type…
Read MorePresident Obama Prepares To Issue Executive Order Barring Sexual Orientation Discrimination
Earlier this week President Obama issued a statement that he plans to issue an executive order barring federal contractors from discriminating on the basis of sexual orientation or gender identity. Such an order would be a significant step in granting necessary protections to lesbian, gay and transgender employee. Last year the Employment Non-Discrimination Act (ENDA),…
Read MoreFailure To Stop Customer Harassment Of Workers May Consitute Employer Negligence
Can your employer be held liable for failing to adequately respond to offensive conduct by customers towards workers? The U.S. Court of Appeals for the Fourth Circuit has ruled yes. In Freeman v. Dal-Tile Corp., the court ruled that a black female former employee had triable sexual and racial harassment claims under Title VII of the…
Read MoreAre Pre-Employment Credit Checks Discriminatory?
Did you have to submit to a credit check when you applied for a job? Many employee advocates are pushing to have such practices banned as potential employment discrimination. As explained by one observer – “How can you pay your debt if you can’t get a job”? If your negative credit report is used against…
Read MorePressure Increases To Pass ENDA
In a call for legislators to pass the Employment Non-discrimination Act (ENDA), Vice President Biden called employers’ ability in some states to fire employees because of their sexuality “barbaric” and “bizarre” during a keynote address at the Human Rights Campaign Gala dinner Saturday. “Hate can never be defended because it’s a so-called cultural norm,” he…
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