Employment Discrimination by the Numbers: Foreign Edition

Now in autotune . (Betcha didn't expect that). Yesterday, we were rapping (without the benefit of autotune) about immigration status and unlawful discrimination and concluded that Title VII of the Civil Rights Act of 1964 does not prohibit workplace discrimination on the basis of immigration...

PA Bill Would Prohibit "Pregnancy" Discrimination

Pennsylvania House Bill No. 2542 (text here) would add "pregnancy" to the list of protected classes under the Pennsylvania Human Relations Act (PHRA). The PHRA is Pennsylvania's version of Title VII, protecting individuals from employment discrimination. The proposed law would just insert...

Take This Job and Shove It: Discrimination Complaint Does Not Shield Employee from Firing

Over the weekend, I read this opinion from the Seventh Circuit Court of Appeals. From the opening paragraph, it had my attention. After working at A.B. Data for four months, Michael Benes charged the firm with sex discrimination. The EEOC arranged for mediation in which, after an initial joint session...

VanDeusen on Univ. of Texas Sw. Med. Ctr. v. Nassar: Supreme Court Holds "But-For" Standard Applies in Title VII Retaliation Cases

In perhaps the biggest employment case this term, the Supreme Court has held that a "but-for" standard – not the "mixed motive" analysis applies to retaliation claims under Title VII. In Univ. of Texas Sw. Med. Ctr. v. Nassar , the court resolved the Circuit split that developed...

"Protected Class" and the 6th Circuit

In Shazor v. Professional Transit Management, Inc. [ an enhanced version of this opinion is available to lexis.com subscribers ], the 6th Circuit reversed an award of summary judgment and found that the plaintiff had presented sufficient circumstantial evidence of race and sex discrimination to go to...