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Employment Discrimination

Losing Out On Voluntary Overtime Chances Can Be Tangible, Adverse Action.

Employers are by now well-versed in the concept that under Title VII, an employer is strictly liable for a supervisor’s harassment when the harassment results in a tangible employment action.  The obvious employment actions include termination, demotion, failure to promote, reassignment with significantly different responsibilities, etc.  The Fourth Circuit Court of Appeals, in Ray v. […]

Parties Seek Supreme Court Guidance on Transgender Identity Discrimination

Earlier this year, R.G. & G.R. Harris Funeral Homes, Inc. appealed the Sixth Circuit’s decision against it that found that “sex” discrimination under Title VII encompasses “gender identity” discrimination.  The case was brought by Aimee Stephens, a transgender former funeral home director, whom the funeral home terminated a few weeks after she announced that she […]

Think You Understand Employment Discrimination Law? Here’s a Test.

If you are a student of employment law, you likely know the basics of employment discrimination and the concept of “disparate treatment” – the theory that it is impermissible to intentionally treat someone differently because they are a member of a protected class.  That’s where you get the most typical claims of discrimination.  The “I […]

Not Just “Meat Counter Culture”: When Same-Sex Harassment Violates Title VII

Most of the time, the stories of workplace sexual harassment we hear about consist of conduct occurring between men and women.  Yet Title VII’s ban on discrimination because of sex encompasses same-sex harassment in the workplace as well.  Such was the lesson learned for a Chicago, Illinois grocery store that had justified the harassment of […]

Louisiana Judge Holds That Jewish Heritage Can Be Basis For Race Discrimination Claim

Recently, a federal magistrate judge in Louisiana denied a motion to dismiss in a case in which the defendant is alleged to have refused to hire a football coach because of his “Jewish blood.”  Bonadona v. Louisiana College (W.D. La. July 13, 2018). The case involves Joshua Bonadona, the son of a Jewish mother and […]

Supreme Court Dodges Sticky Issues in Same-Sex Wedding Cake Case

Both sides of the political divide had been eagerly awaiting the decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission.  The Supreme Court’s decision, however, largely left the central issue of the case unresolved. This case involves a Colorado baker who refused to bake a wedding cake for a same-sex couple in 2012 because […]

Federal Court Dismisses Discrimination Claim for Failure to Show Disparate Treatment

A Lousiana federa court dismissed a sex discrimination claim brought by a former UPS manager because he failed to show that the company treated similarly situated female employees  better than him.  Williams v . UPS, No. 16-450-SDD-RLB (M.D.La. 5/11/18).  The decision reinforces the importance of proving that a discrimination plaintiff was treated  differently than persons […]