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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...

Courts inch closer to recognizing sexual orientation as a protected class

The Ohio Bell Telephone Company fired Plaintiff Jason Koren after he missed work for his father's funeral. Koren suspected that Ohio Bell really fired him because he's homosexual and took his husband's last name. He sued for gender discrimination. Did the court: a) grant Ohio Bell's motion...

Fact or Fiction: Opposing an employee's u/c request may be Title VII retaliation

That's right folks. It's time for another edition of "Fact or Fiction" a/k/a "Quick Answers to Quick Questions" a/k/a QATQQ f/k/a "I don't feel like writing a long blog post." Under Title VII of the Civil Rights Act , an employer engages in unlawful retaliation...

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...

U.S. Supreme Court Grants Cert In EEOC, Abercrombie Scarf Dispute

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court today granted a petition for writ of certiorari filed by the Equal Employment Opportunity Commission in a lawsuit in which it has accused a clothing retailer of violating Title VII of the Civil Rights Act of 1964 when it refused to hire...

Second Circuit Weighs in on "the Manager Rule" and Pleading Standards

Earlier this month, the Second Circuit issued its opinion in Littlejohn v. City of New York addressing "the manager rule" under Title VII retaliation claims [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. Sometimes, in retaliation cases, the employee...

Can an Employee Be Fired For Having Too Many Kids?

Yahoo’s CEO Marissa Mayer announced this week that she is expecting twin girls , and Yahoo’s stock reportedly took an immediate dive . ( H8rs! ) Mayer said that she plans to take only two weeks off, and she can probably manage that because she has a nice nursery right off her CEO office....

Retaliation Suits Under Title VII in the Fourth Circuit: Panoramic Views & the Rejection of the Manager Rule

by Benjamin W. Mounts Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin. To give effect to this prohibition, the statute imposes liability on employers who retaliate against employees who oppose unlawful employment practices. The U.S. Supreme Court...