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Playing “Race Card” Wins Jury Trial on Retaliation Claim

An African-American factory employee won the right to take his Title VII retaliation claim to a jury because his manager had accused him of “playing the race card.”  The employee “almost habitually” complained about poor treatment from a white co-worker, as well of racial discrimination in training and promotion decisions that he was denied.  In […]

Age Discrimination Or Technological Advancement?

Plaintiffs suing for age discrimination must prove, as part of their prima facie case, that they were replaced by an individual outside of their protected class – that is, that they were replaced by someone younger.  What happens, though, if the employee is replaced by a computer program?  Can the employee establish a case of […]

Workers’ Comp Remedy For Mad-Cow Disease

by Kelly C. Lovett Workers’ compensation provides a valuable benefit to employers as the sole remedy for employees injured on the job.  As a result, employee lawsuits against employers for job-related injuries or illnesses usually are dismissed as soon as they are filed.  Occasionally, an employee will sue under a narrow exception to the workers’ […]

Sixth Circuit Addresses Associational Discrimination

The Americans with Disabilities Act (ADA) prohibits associational discrimination.  In other words, an employer cannot discriminate against an applicant or employee who has a relationship or association with an individual with a known disability.  42 U.S.C. § 12112(b)(4).  The EEOC explains that the ADA prohibits conduct such as: An employer is interviewing applicants for a […]