Discrimination
Passing ENDA and the Pay Check Fairness Act Would Benefit Workers
In President Obama’s 2014 State of the Union address, he set forth an agenda promising to make 2014 a year of action. He also expressed his commitment to civil liberties and civil rights. Included in his goals was pay equity for women and economic security for families. One of the changes many advocates seek is…
Read MoreWoman with Perfume Sensitivity May Be Able to Bring Disability Discrimination Lawsuit
A recent disability discrimination case examined the actions of a jail dentist. In Mitter v. Cnty. of DuPage, a nurse alleged that the jail dentist planted strongly perfumed objects around his office, despite her claims she had extreme sensitivity to chemicals. Disability discrimination lawsuits can arise in a variety of situations. The ADA prohibits discrimination against…
Read MoreENDA Moves Closer To Becoming A Reality
The Senate has taken an initial step to pass the Employment Nondiscrimination Act (ENDA), which would ban workplace discrimination on the basis of sexual orientation or gender identity. ENDA seeks to prohibit an employer from refusing to hire, fire, or take any other adverse action against a worker based on actual or perceived sexual orientation…
Read MoreWoman Allowed to Maintain Claim of “Regarded As” Disability Discrimination After Termination
In order to combat various forms of employment discrimination at work, Congress passed Title VII of the Civil Rights Act of 1964. While this law makes certain forms of discrimination illegal such as race, color, sex and national origin it does not include disability discrimination. Accordingly, Congress passed the Americans with Disabilities Act (ADA) to…
Read MoreJustice Ginsburg Calls On Congress To Intervene After Employment Discrimination Ruling
This past week, the Supreme Court issued its decision in an employment discrimination case that may have far reaching consequences. In Vance v. Ball State, the nation’s highest court defined who is a “supervisor.” This issue arose in a race discrimination case involving a woman – Maetta Vance – who worked at a catering service at…
Read MoreGender Identification Bill Reintroduced
A new version of an anti-employment discrimination bill has just been re-introduced seeking to eliminate employment discrimination based on sexual orientation and gender-identity. The reintroduced Employment Non-Discrimination Act (ENDA) would prohibit an employer from refusing to hire, fire, or take any other adverse action against a worker based on actual or perceived sexual orientation or…
Read MoreCompany’s Excuse That It Fired Employee for Insubordination Could Be Considered “Pretext”
It’s easy to imagine a work situation where a company decides it wants to fire a worker wrongfully – such as because of their gender, age or nationality. Fortunately employment laws rightfully prohibit a company from doing so. In legal terms, the concept of “pretext” applies where a company comes up with an excuse for…
Read MoreWho’s The Boss? Supreme Court Set To Define Who Is A Supervisor In Employment Discrimination Cases
On Monday the U.S. Supreme Court heard argument concerning a seemingly easy question – Who’s is a supervisor? However, the Court’s decision in Vance v. Ball State University is likely to have a significant impact on future employment harassment and discrimination cases. Reports from the courtroom indicate the justices appeared “uncertain” about the best approach for resolving…
Read MorePolicy To Automatically Fire Employees After Using Up Leave Violates ADA
Your employer cannot automatically fire you once you have used up your leave, a U.S. District Court in Colorado has determined. The Equal Employment Opportunity Commission (EEOC) has just settled a $4.85 million lawsuit with the nationwide trucking firm, Interstate Distribution Company, stemming from allegations that the trucking firm automatically fired sick or injured employees…
Read MoreSupreme Court Set To Consider 4 Employment Discrimination Cases
On October 1, the Supreme Court opened its new term with four cases on the docket that may influence employment law and impact employment discrimination cases. As topGeorgia employment lawyers concerned about the employment litigation, the discrimination lawyers at Buckley Bala Wilson Mew LLP will be following these cases closely. The cases to be reviewed…
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