Employment Discrimination Archives - Page 16 of 29

Don’t Make Employment Decisions Because An Employee Took Maternity Leave

Kollman & Saucier

09/07/2016

A recent decision out of a Maryland federal court offers a simple, yet important, reminder for employers: do not make employment decisions because an employee has taken, is on, or might take maternity leave. EEOC v. Dimensions Healthcare Sys., No. 15-2342 (D. Md. Sept. 2, 2016). Cassandra Crawford worked for Dimensions Healthcare System (DHS) from May 2007 until 2014. She started as an appeals coordinator in DHS’s Patient Financial Services...

Darrell VanDeusen

08/24/2016

Direct Evidence, Employment Discrimination

In an effort to clarify the way discrimination claims are evaluated by judges in the Circuit, the Court of Appeals for the Seventh Circuit has overruled Circuit precedent requiring employees to prove allegations through either a “direct” or an “indirect” method that showed a “convincing mosaic” of discrimination. Ortiz v. Werner Enters., Inc., 2016 U.S. App. LEXIS 15284 (7th Cir. Aug. 19, 2016). The underlying facts of the case are...

Kollman & Saucier

08/22/2016

Agency Activity, Employment Discrimination, Sex Discrimination, Sexual Orientation

On August 18, 2016, a federal district court ruled that a Michigan funeral home did not violate Title VII by firing a transgender employee, who was transitioning from male to female, because the employee intended to “dress as a woman” at work. EEOC v. R.G. & G.R. Funeral Homes, Inc., E.D. Mich., No. 14-13710, 8/18/16 The U.S. District Court for the Eastern District of Michigan ruled the funeral home was entitled to a religious exemption...

Kollman & Saucier

08/10/2016

Employment Discrimination

One of the bedrock principles of employment law is that discrimination based on protected status (race, national origin, sex, etc.) is illegal under Title VII only if it affects an individual’s “compensation, terms, conditions, or privileges of employment[.]” 42 U.S.C. § 2000e-2(a). This is often referred to as the adverse action requirement. The adverse action requirement is usually met without difficulty – for example, where an...

Kollman & Saucier

08/06/2016

Employment Discrimination, State Law

This week Massachusetts became the first state to ban employers from asking job applicants about salary history prior to making a job offer. The new law aims to narrow the state’s gender wage gap by making it illegal for employers to: Prohibit discussion about employee wages in the workplace; Screen applicants based on wage or request disclosure of prior wage history; Seek a prospective employee’s salary history from a former employer;...

Kollman & Saucier

08/04/2016

Agency Activity, Employment Discrimination, Virginia Employment Law

According to an article in the Washington Post, the Equal Employment Opportunity Commission has ruled that an employee may create a racially hostile work environment by wearing a hat depicting the "Gasden Flag" (a coiled rattlesnake and the phrase "Don't Tread On Me"). Sheldon D. v. Brennan, 2016 WL 3361228. The Gasden Flag, which gained recent popularity as a symbol of the Tea Party movement, has its origins in the American Revolution, when it was...

Kollman & Saucier

08/01/2016

Employment Discrimination

Around this time last year, I wrote about the Foxx case, an EEOC decision holding that sexual orientation discrimination is a violation of Title VII. The ruling-- only binding on federal agencies-- left us wondering whether federal courts might soon follow suit. "Not yet," said the Seventh Circuit last week in the first appellate decision to address the issue since Foxx. (Hivley v. Ivy Tech Cmty. Coll., No. 15-1720 (7/28/16).) Sexual...

Kollman & Saucier

07/29/2016

Employment Discrimination, Sex Discrimination

This week, a male laboratory technologist filed a lawsuit under Title VII alleging he was denied a promotion and wrongfully terminated for inadvertent HIPAA violations, because of his sex. Harrell lists the following as evidence of sex discrimination: He applied for a clinical supervisor position, which was ultimate given to a female (less qualified, claims Harrell). Female employees were permitted more travel to off-site locations. As for his...

Kollman & Saucier

07/15/2016

Employment Discrimination, Sexual Harassment

As the second half of the Major League Baseball season begins tonight (with thanks to Zach Britton, Matt Wieters, and the rest of the Orioles All-Stars for helping to win World Series home-field advantage for the AL), the First Circuit offered another reminder that baseball doesn't always mix well with the workplace. Burns v. Johnson, No. 15-1982 (1st Cir. July 11, 2016). Kathleen Burns began working for the Transportation Security Administration...

Kollman & Saucier

07/07/2016

Employment Discrimination, Retaliation

In Brooking v. New York Dep’t of Taxation & Fin., No. 1:15 cv-0510 (N.D.N.Y. July 5, 2016), a federal district court in New York ruled that an employee whose job is to report and/or investigate the discrimination complaints of other employees does not engage in protected activity merely by doing those things required of his job. That same employee does engage in protected activity, however, when he actively supports the complaints of others...

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Don’t Make Employment Decisions Because An Employee Took Maternity Leave

“Direct” v. “Indirect” Discrimination Tests: Seventh Circuit Says There’s No Difference

Court Rules Against EEOC On Transgender Discrimination Claim

Denial of Lateral Transfers Not “Adverse Action” Under Title VII

Massachusetts Makes it Illegal to Ask About Salary History Before Job Offer

EEOC Rules That "Don't Tread On Me" Hat Might Be Racially Offensive

Appellate Court Holds That Sexual Orientation Not Covered by Title VII

Sheryl Sandberg's "Lean In" Now A Reason For A Sex Discrimination Claim, Ironically

Court Finds Supervisor's Harassing Behavior To Be Outside the Baselines

EEO Department Head’s Conduct Went Beyond His Job Duties, Was Protected Activity

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Category: Employment Discrimination

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