Main Menu

Employment Discrimination

Supreme Court Rules “Ministerial Exception” Applies to Catholic School Teachers In Discrimination Cases

On July 8th, the Supreme Court ruled that employment discrimination laws do not apply to teachers at schools run by religious institutions.  The Court’s 7-2 decision in  Our Lady of Guadalupe School  was a combination of two cases brought by teachers in Catholic schools in California – Our Lady of Guadalupe School v. Morrissey-Berru and […]

Supreme Court Rules That Gay and Transgender Employees Are Protected Under Title VII

In a landmark 6-3 decision, the Supreme Court ruled on Monday that Title VII protections extend to gay and transgender employees. The Bostock case was a consolidation of three cases wherein an employee was terminated for being homosexual or transgender. Gerald Bostock was fired shortly after joining a gay recreational softball league. Donald Zarda was […]

EEOC’s Updated COVID-19 Guidance: Employees Not Entitled To Accommodations Because They Live With High-Risk Individuals; Treat Older Workers Equally Despite Risk

In an updated guidance on COVID-19, the ADA, the Rehabilitation Act, and Other EEO Laws, the EEOC has clarified an employer need not accommodate an employee’s request to telework who is not high risk but lives with high risk individuals.  The EEOC has also clarified that companies may not mandate exclude older workers and pregnant […]

Court Rules U.S. Women’s World Cup Champions Can’t Get More Than They Bargained For, Dismisses Equal Pay Claim

The U.S. women’s soccer team suffered a rare defeat on Friday when a federal court in California dismissed the team’s claims against the U.S. Soccer Federation alleging wage discrimination based on sex.  You can read the decision here. In support of the women’s equal pay lawsuit filed in March of last year, the team argued […]

New Virginia Anti-Discrimination Law Expands Coverage and Allows Employees to Sue for Damages in State Court

On April 11, 2020, Virginia Governor Ralph Northam signed into law the Virginia Values Act.  While the law has been heralded for making Virginia the first Southern state to enact comprehensive protections for LGBTQ persons, the law also amends the Virginia Human Rights Act (“VHRA”) to create a new private right of action for employment […]

EEOC Enforcement Data Shows Decrease In Overall Complaints For FY19

On Friday, the Equal Employment Opportunity Commission released its charge-filing statistics for fiscal year 2019, which began October 1, 2018 and ended September 30, 2019. Overall, the Commission received 72,675 charges of discrimination in FY19, down from 76,418 in 2018.  Not surprisingly, retaliation charges continued to make up a majority of claims at 39,110 or […]

U.S. District Court Grants Summary Judgment for Downtown Partnership of Baltimore on Title VII Claim

A former Downtown Partnership of Baltimore employee who brought a Title VII lawsuit alleging race discrimination based on her termination for purportedly sending a negative email to her entire office was not entitled to a trial, ruled U.S. District Court Judge Ellen Hollander in a January 15, 2020 Opinion. The Plaintiff was an African American […]

Supervisor’s Hugs & Kisses Were Assault & Battery, Were Not Harassment Under Title VII

A federal court in Virginia recently found that a former employee of the Department of Veterans Services (DVS) presented enough evidence that her supervisor’s hugs and kisses comprised an assault and battery against her, but not enough to establish sexual harassment or hostile work environment under Title VII.  Back v. Commonwealth of Virginia, et al., […]

Employer’s Sloppy Investigation Leads to Trial on Discrimination Claim

A federal court in Pennsylvania recently ruled that an African American mine worker who faced several instances of racist epithets and imagery at the work site produced sufficient evidence to overcome the mining company’s motion for summary judgment.  Robinson v. Consol Pennsylvania Coal Company, LLC, No. 2:18-cv-00555-NR (W.D. Penn. 11/27/19) Robinson worked for Consol Pennsylvania […]