Employment Discrimination Archives - Page 19 of 29

Temporary Workers Entitled To Title VII Protections

Kollman & Saucier

11/20/2015

Employer Liability, Employment Discrimination, Joint Employer, Temporary Workers

The Third Circuit has joined the list of other federal courts (including the Fourth Circuit which covers Maryland, Virginia, West Virginia, North Carolina, and South Carolina) that have held that Title VII applies to claims raised by the temporarily assigned worker against the company operating the work site where assigned. In other words, Title VII applies to temporary employment. In Faush v. Tuesday Morning, Inc., No. 14-1452, (3d Cir. Nov....

Kollman & Saucier

11/05/2015

Employment Discrimination, Exhaustion of Administrative Remedies

After a heated hearing, a federal district court in Utah has ruled that a firefighter can proceed with her Title VII claims, despite failing to describe her allegations in a formal EEOC charge. Denying the defendants’ motion to dismiss, the court held that the documents the firefighter submitted, an EEOC intake questionnaire and its addendum, were sufficient to constitute a “charge.” Drescher v. Clinton City, 2015 BL 360177, D. Utah, No....

Kollman & Saucier

11/02/2015

Disability & Leave, Employment Discrimination

In case you need another reason to bundle up this winter, the Third Circuit recently affirmed a decision to dismiss a truck driver’s claim that his frostbite constitutes a protected disability under the Americans with Disabilities Act (ADA). Wilson v. Iron Tiger Logistics, Inc., No. 14-4470 (3d Cir., Oct. 28, 2015). The driver, Robert Wilson, experienced frostbite on several fingers while unloading trucks in approximately -25 degree weather in...

Kollman & Saucier

10/30/2015

Employment Discrimination, Hostile Work Environment, Sexual Harassment

In a recent decision from a Mississippi federal court, Nissan avoided liability on a former employee’s sexual harassment claim because she could not show that her employer acted negligently in responding to her complaints. Davenport v. Nissan N. Am., Inc., No. 3:14-CV-00671-CWR-LRA (S.D. Miss. Oct. 22, 2015). From August 2012 until January 2014, Joslyne Davenport worked as a production associate at a Nissan manufacturing plant in Canton,...

Kollman & Saucier

10/28/2015

Employment Discrimination, Hostile Work Environment, National Origin, Religious Discrimination

Reversing a decision it described as “replete with error,” the Seventh Circuit Court of Appeals has revived an employee’s claims of retaliation, and religion- and national origin-based hostile work environment. Huri v. Office of the Chief Judge of the Circuit Cir. Ct. of Cook Cnty., No. 12-2217 (7th Cir. Oct. 21, 2015). Fozyia Huri, a Muslim from Saudi Arabia, began working for the Circuit Court of Cook County, Illinois in 2000. Huri...

Clifford Geiger

10/23/2015

Agency Activity, Employment Discrimination, Sex Discrimination, Sexual Orientation

David Baldwin, a Supervisory Air Traffic Control Specialist at Miami International Airport, filed a federal lawsuit because he was denied a promotion to a permanent position as a Front Line Manager. The lawsuit filed under Title VII alleges that Baldwin was discriminated against because of his sexual orientation. While many state laws explicitly provide that sexual orientation cannot be the basis of an employment action, Title VII does not...

Kollman & Saucier

09/23/2015

Employment Discrimination, Race Discrimination

It was a victory for train giant Amtrak last week when the D.C. Circuit held that no reasonable jury could find Amtrak’s termination of a black engineer for failure to obey a stop signal was a pretext for race discrimination. (Burley v. Nat’l Passenger Rail Corp., D.C. Cir., No. 14-7051, 9/18/15). In this case, Plaintiff Burley operated a train that was forced off the track after it passed a blue stop signal. Passing a blue signal is considered a...

Kollman & Saucier

08/25/2015

Employment Discrimination

In Zamora v. City of Houston, No. 14-20125 (Aug. 19, 2015), the Fifth Circuit Court of Appeals held that it is unlawful to retaliate against an employee because a close family member engaged in protected activity. The court further held that a plaintiff-employees may prove a retaliation claim by showing that a person with retaliatory motive influenced the actual decision maker to take an adverse employment action (the cat’s paw theory of...

Kollman & Saucier

08/14/2015

Employment Discrimination

The Third Circuit has held that a suspension with pay does not constitute an adverse employment action. Jones v. SEPTA, 2015 U.S. App. LEXIS 14094 (3rd Cir. August 12, 2015). A common solution for an employer who is investigating an employee for misconduct in the workplace is to place the employee on a temporary paid suspension. This was the case for former administrative assistant Michelle Jones of the Revenue Operations at Southeastern...

Darrell VanDeusen

08/12/2015

Employment Discrimination

Neil DeMasters was an employee assistance program (EAP) consultant for the Carilion Clinic’s behavioral health unit. His job was to listen to an employee’s concerns and suggest ways in which the employee might try to resolve them. After five years in this job, DeMasters was fired in the aftermath of advising (and supporting) an employee who complained about sexual harassment by another employee. DeMasters sued, claiming that he was fired in...

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Temporary Workers Entitled To Title VII Protections

EEOC Questionnaire Reignites Firefighter’s Title VII Claims

Court Gives Frostbite Disability Claim The Cold Shoulder

Prompt Investigation Helps Employer Avoid Liability On Harassment Claim

Name Calling, Prayer Circle, and Social Shunning Help Revive Discrimination Claims

Sexual Orientation Discrimination Covered By Title VII?

D.C Circuit Derails Discrimination Claim Brought by Engineer Who Ran Train Off the Tracks

Court Upholds Retaliation Claim Where Disciplinary Panel Was Influenced By Biased Supervisors

Third Circuit Holds Suspension with Pay Not Adverse Action

Fourth Circuit Rejects FLSA’s “Manager Rule” in Title VII Cases

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Category: Employment Discrimination

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