Employment Discrimination Archives - Page 15 of 29

Non-Renewal of Contract or Termination?

Clifford Geiger

02/24/2017

Age Discrimination, Employment Contracts, Employment Discrimination

Employers often think that not renewing an employee’s contract is somehow qualitatively different from a termination of employment. In some cases, and in certain limited circumstances, that may be true. It is not true, however, with regard to statutory retaliation claims (e.g., my contract was not renewed because I engaged in activity protected by Title VII, the ADA, the FLSA, or some other statute containing anti-retaliation provisions). In...

Clifford Geiger

02/24/2017

Age Discrimination, Disparate Impact, Employment Discrimination

A federal judge in California recently ruled that PricewaterhouseCoopers, LLC (“PwC”) must defend against a class action claim of unintentional age discrimination. Rabin v. PricewaterhouseCoopers LLP, No. 16-cv-02276-JST (N.D. Cal. Feb. 17, 2017). On April 17, 2016, Steve Rabin, on behalf of himself and other similarly situated unsuccessful job applicants, filed a putative class action alleging that PwC maintains hiring policies and other...

Kollman & Saucier

01/18/2017

Age Discrimination, Employment Discrimination

In Karlo, et al. v. Pittsburgh Glass Works, LLC (no. 15-3435; filed January 10, 2017), the Third Circuit Court of Appeals ruled that plaintiffs in an ADEA disparate impact claim can make out a prima facie case by showing that certain age subgroups within the protected class were treated differently from other subgroups within that same class. Put another way, an employer cannot simply lump all those employees over the age of 40 into one pot when...

Kollman & Saucier

12/16/2016

Employment Discrimination

While driving through the frigid Baltimore weather this morning, the classic “White Christmas” played on the radio. Though the ditty is undoubtedly about the singer’s wish to have snow on Christmas Day – and not an expression of racial preference – it got me thinking about the contours of discrimination claims involving white plaintiffs. Given the heightened sensitivities on the issue on both sides of the political aisle at the moment,...

Kollman & Saucier

12/02/2016

Employment Discrimination, Sexual Orientation

The District of Columbia Office of Human Rights recently published a best practices guide for employers regarding transgender issues in the workplace: Valuing Transgender Applicants and Employees: A Best Practices Guide For Employers. Combined with earlier guidance from the EEOC on transgender bathroom access and LGBT discrimination, employers must not ignore this issue. The DCOHR guidance offers nine “best practices” for employers dealing...

Kollman & Saucier

11/15/2016

Employment Discrimination, Sexual Orientation

It was only a matter of time, which has now come to pass. In EEOC v. Scott Med. Health Ctr. (W.D. Pa. Nov. 4, 2016), trial judge Cathy Bissoon determined that the EEOC may pursue a claim that Scott Medical Health Center violated Title VII when it permitted a supervisor to harass a gay employee because of his sexual orientation to the point the employee felt compelled to resign. When the employer moved to dismiss the case, arguing that legal...

Clifford Geiger

10/20/2016

Agency Activity, Employment Discrimination

The EEOC takes a targeted approach to enforcement. This enables EEOC staff focus more of their attention and the agency’s resources on a common set of priorities, presumably with more success and change for the better. The EEOC tells everyone what types of cases have its attention and where enforcement efforts will be focused. On October 17, 2016, the EEOC approved a new strategic enforcement plan for the Fiscal Years 2017 through 2021. The...

Kollman & Saucier

10/04/2016

Agency Activity, Employment Discrimination

On September 29, the EEOC finalized a revised pay data form that employers and federal contractors with 100 or more employees will be required to submit on an annual basis beginning March 31, 2018, based on data collected for 2017. Private employers with more than 100 employees and federal contractors with more than 50 employees have long been required to report employee race, ethnicity and sex to the EEOC based on 10 different job categories. ...

Kollman & Saucier

09/16/2016

Employment Discrimination, Retaliation

A number of federal courts have held that, under the “cat’s paw” doctrine (named after an Aesop’s fable), an adverse employment decision based on information from a supervisor with discriminatory or retaliatory animus may provide the basis for employer liability under Title VII. However, it has not been clear that an adverse action based on information from a non-supervisory employee could similarly trigger employer liability. The United...

Kollman & Saucier

09/09/2016

Age Discrimination, Employment Discrimination, Race Discrimination

A recent decision from a D.C. federal court offers a reminder that employers who investigate workplace disputes and make employment decisions based on documented evidence put themselves in a better position to defeat lawsuits challenging those decisions. Ladson v. George Wash. Univ., No. 14-cv-001586 (D.D.C. Sept. 1, 2016). Todd Ladson was a 24 year veteran of the George Washington University (GW) campus police when, in 2013, he was accused of...

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Non-Renewal of Contract or Termination?

Split Developing On ADEA Disparate Impact Claims

Appellate Court Holds That ADEA Plaintiffs Can Use Employees Over 40 as Comparators

“Reverse” Race Discrimination is a Thing. “Racism” Discrimination is Not.

D.C. Office Of Human Rights Publishes Best Practices Guide On Transgender Rights

Federal Court Finds Sexual Orientation Protected By Title VII

The EEOC Identifies New Enforcement Priorities

New EEOC Pay Reporting Requirements Begin Next Year

Second Circuit Extends Reach of Cat’s Paw in Title VII Retaliation Suit

Officer’s Behavior Dooms Discrimination Claims

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Category: Employment Discrimination

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