Does Title VII’s Pregnancy Discrimination Act (PDA) protect nursing mothers against post-pregnancy workplace discrimination? One federal court – the 11th U.S. Circuit Courts of Appeals – recently gave a resounding “Yes” to that question. Hicks v. City of Tuscaloosa, Alabama, 11th Cir., No. 16-13003, September 7, 2017. (With that decision, the Eleventh
Title VII
Employer pays $100,000 for 30 minutes of employment after firing pregnant applicant.
Want a road map on how not to react to a successful applicant who announces her pregnancy immediately after receiving an offer letter? Look at the reaction of one prospective employer in Florida, who recently settled a legal claim on that issue. EEOC v. Brown & Brown of Florida, Inc., MDFL, No. 6:16-cv-1326-Orl-37DCI, Consent Decree …
Title IX may provide legal basis for sexual harassment claims.
The 3d U.S. Circuit Court of Appeals may have expanded the mechanisms available for individuals who plan to bring claims of sexual harassment or discrimination against an employer that conducts educational programs or activities, specifically including private teaching hospitals.
Recently, the Third Circuit found that a private teaching hospital could be held liable – under…
OMG! Panic over the Supreme Court’s decision on religious discrimination.
The U.S. Supreme Court’s decision on June 1, 2015, in EEOC v. Abercrombie & Fitch Stores, Inc. (FEP Cases 157) has resulted in a deluge of case summaries and commentaries, and engendered some level of panic among employers, who believe that the case has created a seismic shift in hiring criteria. But has it, really?…
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…
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…
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…
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.
Under certain circumstances, a voluntary or requested transfer may establish an adverse employment action.
Can transferring an employee into a position for which he had applied nine months earlier be viewed as an “adverse employment action” sufficient to support a claim of discrimination? (HINT: Don’t bet your paycheck on this one.)
Robert Deleon, a 53 year old Hispanic male, was employed by the Kalamazoo County Road Commission for twenty-eight…
Pregnancy-related statements by managers help employee to avoid summary judgment on pregnancy discrimination claim.
In an unpublished opinion, the U.S. District Court of Appeals for the 6th Circuit reversed a lower court’s dismissal of a pregnancy discrimination claim, finding that an employer’s “no accommodation for non-work-related injuries” raised an issue of pregnancy discrimination for a jury. Latowski v. Northwoods Nursing Center, 6th Cir., No. 12-2408, December 23, 2013.
Jennifer…