After being sued for race discrimination, an employer/company filed a motion to dismiss the claims against it, arguing that a single use of the n-word was not sufficient to state a claim for hostile work environment. The lower court agreed and dismissed the case. But in a decision of which employers should be aware, the
The 3d U.S. Circuit Court of Appeals has upheld lower court’s summary judgment decision, finding that an individual who refused to complete an application without some guarantee that a particular individual would not participate in the hiring process could not support a claim of race discrimination. Murray v. Beverage Distribution Center, 3d Cir., No. 11-1938,
One of the issues most frequently litigated in employment cases is whether the remarks and actions of an employer rise to the level of the “hostile work environment” needed to support a claim of discrimination. The 10th U.S. Circuit Court of Appeals recently addressed that issue, and provided at least some clarity to the definition
The Equal Employment Opportunity Commission (EEOC) has issued an updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII. That Guidance, which takes effect immediately, is a compilation of the past policy documents and prior court decisions regarding the EEOC’s position that employers’ reliance on arrest and conviction
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
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
In an unpublished opinion, the 3d U.S. Circuit Court of Appeals has upheld a lower court’s decision to dismiss an employee’s claims of discrimination, hostile work environment,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,
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
It is generally understood that employees can bring claims for hostile environment, wrongful termination, or even “constructive discharge” – where an employee claims that an employer made working conditions so intolerable that a reasonable employee would feel compelled to resign. What is less clearly understood is the extent of the economic damages for which a
Under certain circumstances, 42 U.S.C. §1981 (Section 1981) creates a federal cause of action for individuals claiming intentional racial discrimination. To support such a claim, a plaintiff must allege that he is a member of a racial minority, and that he was discriminated against within a particular group of activities set forth in the statute.
