The Pregnancy Discrimination Act (PDA) requires employers to treat pregnant employees in the same manner as other employees who are not pregnant, but who are similarly situated in their ability or non-ability to work. That means that under the PDA, a woman who is unable to work because of pregnancy-related illness is entitled to sick
Title VII
Use of “English-only” policies is subject of disagreement between governmental agencies.
By Maria Danaher on
Posted in Race discrimination, Title VII
The U.S. Commission on Civil Rights (USCCR) has posted a report which recommends that the Equal Employment Opportunity Commission (EEOC) modify its position that the use of “English-only” policies is a presumptive violation of Title VII of the Civil Rights Act. See EEOC’s guideline at 29 C.F.R. § 1606.7 (2010). This report sets up an…
Sexual innuendos and demeaning comments cost employer $1.6 Million.
By Maria Danaher on
In gender discrimination cases under Title VII, a jury can award back pay and front pay, but also can award compensatory damages if it believes that an employee was harmed emotionally or psychologically by the alleged harassment or hostile work environment. The 1st U.S. Circuit Court of Appeals recently affirmed a $1.6 Million damages…
Fifteen minutes may be adequate time to review employment separation agreement.
By Maria Danaher on
Posted in Race discrimination, Title VII
The 3d U.S. Circuit Court of Appeals has held that 15 minutes was a sufficient amount of time for the plaintiff, a public school teacher, to review a separation agreement and release negotiated in connection with her resignation. Gregory v. Derry Twp. Sch. Dist., 2011 WL 944424 (3d Cir., March 21, 2011)
Rhauni Gregory…
Constructive discharge claim requires “intolerable” conditions.
By Maria Danaher on
Posted in Employment Laws, Title VII
The 8th U.S. Circuit Court of Appeals has upheld summary judgment against a bank teller who claimed that she was constructively discharged when she left her job on the last day of her pregnancy-related medical leave. Trierweiler v. Wells Fargo bank, 8th Cir., No. 10-1343, April 8, 2011.
An individual can support a claim of…
First Circuit holds that Title VII does not protect employees from the “ordinary slings and arrows that suffuse the workplace every day.”
By Maria Danaher on
The 1st U.S. Circuit Court of Appeals reminds us that while Congress’ antidiscrimination laws are designed to protect workers’ rights, they are “not intended to function as a collective panacea for every work-related experience that is in some respect unjust, unfair, or unpleasant.” Consistent with this statement, the court dismissed the claims of four female…
Employer’s continuing efforts to resolve issues complained of by employee supports dismissal of discrimination complaint.
By Maria Danaher on
In an unpublished opinion, the 3d U.S. Circuit Court of Appeals has upheld a lower court’s decision to dismiss an employee’s claims of discrimination, hostile work environment, and retaliation, based largely upon the “extraordinary lengths” to which the employer went to investigate the issues complained of by the employee. Wood v. University of Pittsburgh, …
Third Circuit holds that Ledbetter Fair Pay Act does not apply to failure-to-promote claims under Title VII.
By Maria Danaher on
Posted in Title VII
In 2009, Congress passed the Lilly Ledbetter Fair Pay Act (FPA), which allows employees to file unequal-pay claims outside of the otherwise applicable 300 day statute of limitations period for filing claims of discrimination. Under the FPA, the statute of limitations re-starts each time compensation is paid pursuant to a “discriminatory compensation decision or other…
Employer’s unwritten policy regarding criminal background checks sufficient to overcome summary judgment.
By Maria Danaher on
Posted in Race discrimination, Title VII
The 8th U.S. Circuit Court of Appeals has determined that a company’s unwritten policy against hiring applicants with theft-related convictions was sufficient basis to exclude a minority applicant from a position with the company. EEOC v. Con-Way Freight, Inc., 8th Circ., No. 09-2926/2930, Sept. 22, 2010.
Roberta Hollins, an African-American female, was interviewed by Kenneth…
Failure to keep complainant informed of remedial measures may indicate insufficient employer response to harassment.
By Maria Danaher on
An employer’s failure to keep an female employee apprised of its response to her complaints of sexual harassment, and its further failure to follow through on remedial actions could lead a reasonable jury to find that the employer did not take the complaints seriously. Such failures form the basis of a recent decision by the…