LexisNexis® Legal Newsroom
Employers Beware: Credit Checks May Expose You to Unwanted Discrimination Claims

By Mona M. Stone This Emerging Issues Analysis by attorney Mona Stone explores the issue of credit checks and discrimination. “Can an employer be sued based on its use of credit checks during hiring? Yes, at least according to the Equal Employment Opportunity Commission (EEOC),” writes...

Controlling Who Is (and Is Not) “Similarly Situated” Can Control a Discrimination Case

One of the key analyses in any discrimination lawsuit is whether the plaintiff is "similarly situated" to those whom he or she claims the employer treated more favorably. If the plaintiff can establish disparate treatment of those "similarly situated," he or she can make out a...

Horrible Bosses: Telling Employee to Forget About Her Daughter "Because She's Dead" Not Evidence of a Hostile Work Environment

The New Jersey Boss Who Told Grieving Mother To Forget Deceased Daughter The Superior Court of New Jersey (one step above a Common Pleas court and one step below New Jersey's Supreme Court), issued a recent employment-law decision that has made national news . For me, the decision is...

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...

Unemployment (or prior lawsuits) as a protected class? Not so fast says the 6th Circuit

Last week, in Berrington v. Wal-Mart , the 6th Circuit considered the issue of whether a company could be liable for refusing to hire someone because he filed an unemployment claim. William Berrington claimed that a Kalamazoo, Michigan, Wal-Mart's refusal to rehire him after he filed a unemployment...