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Employment Discrimination

U.S. Court of Appeals for D.C. Joins Other Circuits Rejecting Vague Explanations From Employers

In Figueroa v. Pompeo, No. 18-5064 (D.C. Cir. 5/10/2019), the United States Court of Appeals for the District of Columbia held that an employer cannot meet its burden to articulate a legitimate, nondiscriminatory reason for its action with vague assertions about the reasons for an adverse employment action. Richard Figueroa was employed by the U.S. […]

Surgeon Is Not Hospital Employee For Title VII Purposes, Seventh Circuit Holds

To build on my colleague Vince Jackson’s recent post about the Department of Labor’s distinction between independent contractors and employees, teasing out whether an individual is (or was) a company’s employee who is generally covered by equal employment opportunity laws, or an independent contractor who is not covered, is an often difficult but critically important […]

Some Fun Facts About The EEOC’s 2018 Charge Data

The EEOC released its 2018 charge statistics earlier this week.  Here are three key pieces of information to consider: Charge filings have decreased.  In 2018, the EEOC processed 76,418 charges, which represents more than a 9% decrease from 2017, a nearly 17% decrease from 2016, and a 23.5% decreased from the all-time high year of […]

Rumors About Sleeping With Her Boss Nets One Employee A Viable Sexual Harassment Claim

In today’s #MeToo age, it is hard not to know that sexual harassment is wrong and illegal.  This recent case of unlawful sexual harassment comes with an admittedly unexpected lens.  Rumors that a female employee is “sleeping her way to the top” is the latest version of prohibited sexual harassment in workplace.  While endless movies, […]

Supreme Court to Decide if EEOC Charge Filing is Jurisdictional or Administrative

The Supreme Court has granted a writ certiorari to address the question of whether Title VII’s requirement of the need to file a charge with the Equal Employment Opportunity Commission (EEOC) before going to court is a jurisdictional or administrative exhaustion requirement.  The case comes from the Fifth Circuit and has been bouncing around the lower […]

Employee Grooming Standards: Ensuring Your Policy Complies With Title VII

Last week, as many readers are likely aware, a high school wrestling referee in New Jersey ordered an African American student wrestler tocut his dreadlocksimmediately prior to a match, or else forfeit the match.  According to the referee, the dreadlocks and head covering the wrestler offered to wear violated the league’s rules.  A video of […]

Kentucky Court Holds That State Law Does Not Permit Associational Discrimination Claims

Nearly two weeks ago, in a post on associational discrimination claims, I pointed out that while these claims may be relatively uncommon, they are still possible under the ADA and Maryland law. By contrast, last week, a Kentucky state court held that the Kentucky Civil Rights Act (KCRA) does not encompass associational discrimination claims.  The […]