Most – if not all – employers are aware that both federal and state laws preclude employment discrimination based upon the race or national origin of an employee, and know that illegal activity can include both discriminatory actions and biased statements. Most employers, however, are unaware that certain of those laws also preclude discrimination by
Title VII
OFCCP positions itself as primary agency for investigation of complaints based on gender identity or sexual orientation.
In its own words, the purpose of the Office of Federal Contract Compliance Programs (OFCCP) is to: “enforce, for the benefit of job seekers and wage earners, the contractual promise of affirmative action and equal employment opportunity required of those who do business with the Federal government.”
The OFCCP is part of the Department of…
Supervisor’s alleged remark regarding sick child precludes dismissal of ADA associational claim.
To establish a claim of “associational discrimination” under the Americans with Disabilities Act (ADA), a plaintiff must demonstrate that she was discriminated against by her employer because of her relationship with a disabled person.
To substantiate a claim of associational discrimination under the ADA, an employee must establish each of the following key…
Evidence of “color bias” may lead to jury trial under Title VII.
Title VII of the Civil Rights Act prohibits employment discrimination against an individual because of that person’s “race, color, religion, sex, or national origin.” While courts routinely address claims of race discrimination, claims of discrimination on the basis of color alone are far less frequently reviewed.
Recently, in a case of first impression, the 5…
Restriction of job responsibilities – even without diminished salary or benefits – may constitute an “adverse action” under Title VII.
Title VII makes it unlawful for an employer to fail to hire or to discharge an individual or otherwise to discriminate against such individual “with respect to his compensation, terms, conditions, or privileges of employment” because of a protected characteristic, including race.
To establish a claim of discrimination under Title VII, an individual must first …
Pregnant employee terminated because of upcoming lifting restrictions may have claim for “anticipatory discharge.”
One federal court – the U.S. District Court for the Northern District of Illinois – recently reviewed a case in which a pregnant employee was terminated after informing her employer that she would be subject to a lifting restriction beginning at the 20th week of her pregnancy. Although the employee was only in her…
Employee’s failure to apply for position dooms discriminatory hiring claim.
Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate against any individual with respect to the terms and conditions of employment because of certain protected characteristics, including gender. In order to support a claim under Title VII, an individual must point to an “adverse employment action” that was taken again…
Congratulations! It’s a . . . pregnancy discrimination guidance.
The Equal Employment Opportunity Commission (EEOC) has issued its first comprehensive update of a 1983 Compliance Manual chapter on the subject of the Pregnancy Discrimination Act (PDA) and related issues. The Guidance, which was not submitted for public comment prior to its issuance, also discusses the application of the Americans with Disabilities Act (ADA), …
Employment Law Carnival – The A to Z List
Law Partners Maria Danaher, Editor of Employment Law Matters, and Mary Wright, Guest Blogger (both of Ogletree Deakins), offer up this month’s Employment Law Carnival.
Here is our A to Z list of legal pickings from around the ‘Net.
is for the ADA
Eric B. Meyer, The Employer Handbook, The Firefighter Afraid of…
EEOC reacts to rise in number of religious discrimination charges filed.
Recently, the Equal Employment Opportunity Commission (EEOC) underscored its attention to religious discrimination claims by posting on its website two “technical assistance publications” on the subject. The first is a fact sheet that provides basic information about religious discrimination and includes information related to an employer’s obligation to accommodate workers’ religious observances in the workplace.