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Arbitrator’s Alleged Bias Against Homosexuals Is Not Grounds to Reverse Award

Recently, a California Court of Appeal rejected a plaintiff/appellant’s claim that his case against his former employer — which went to arbitration pursuant to their employment agreement — should be reversed due to the arbitrator’s alleged undisclosed bias against homosexuals.  Bogue v. Anesthesia Service Medical Group, Inc., No. D073518 (Cal. App. 4th Dist. 7/17/19) (unpublished). […]

Virginia Court Dismisses Late-Filed Discrimination Suit

The Americans With Disabilities Act, like most other federal anti-discrimination statutes, requires that an employee file suit within 90 days of their receipt of a Right to Sue Notice from the Equal Employment Opportunity  Commission.  A Virginia man recently found out that federal courts take this requirement seriously when the United States District Court for […]

Fourth Circuit Rejects Employee’s Claim of Mexican Heritage Bias

Direct, qualification, and comparator evidence, oh my!  In a recent decision, the Fourth Circuit recounted the ways in which a former utility distribution serviceman failed to prove discrimination in violation of Title VII and Section 1981.  Matias v. Elon University, No. 18-2507 (4th Cir. 7/22/19) (unpublished). Matias, who is Mexican, worked for Elon University from […]

NLRA Does Not Protect Employee’s Wrongful Access Of Confidential Data

Under the National Labor Relations Act (NLRA), employees have the right to discuss their wages with colleagues.  The NLRA does not give employees who surreptitiously access wage data the right to discuss that information with colleagues, however.  In an advice memorandum released July 16, the National Labor Relations Board’s Office of the General Counsel provides […]

New York Bans Race Discrimination Based on Hairstyle

New York has become the second state to include hairstyles within the definition of race for purposes of the state’s anti-discrimination law.  Last week, California became the first state to ban such discrimination. The New York State law amends the definition of “race” to mean “traits historically associated with race, including but not limited to, […]

Employee Can’t Prove Supervisor’s “Black Ass” Remark Motivated His Termination

In a recent unpublished decision, the Eleventh Circuit held that an African-American former employee could not get past summary judgment on his Title VII and Section 1981 race discrimination claims.  Williams v. Housing Opportunities for Persons with Exceptionalities, No. 2:17-cv-00468-ACA (11th Cir. 7/15/19). Williams worked as a direct care provider for Housing Opportunities for Persons […]

Professor’s Misuse of Grant Funds Justified His Termination

Most employers have internal policies and procedures that govern the workplace.  In the university setting, faculty discipline issues typically are addressed through fairly robust processes that may include a hearing before a faculty member’s peers.  Employers are wise to adhere to their internal policies and to make those policies clear to avoid having a decision […]

Transgender Employee Succeeds on Hostile Work Environment Claim

Although the Supreme Court has yet to opine on the issue, many jurisdictions interpret Title VII as encompassing discrimination because of gender identity (and/or sexual orientation) as discrimination because of sex. Such was the case for a former transgender corrections officer for the Arizona Department of Corrections (“ADOC”).  John Doe v. State of Arizona, No. […]