Employment Discrimination Archives - Page 22 of 29

Maryland Court Dismisses Transgender Discrimination Claim

Kollman & Saucier

02/11/2015

A federal court in Maryland has dismissed claims of transgender discrimination filed by an IRS agent. Hart v. Lew, D. Md. No. 1:12-cv-03482 (February 6, 2015). The male-to-female transgendered agent alleged she was fired because of gender stereotyping bias. The case arose when the agent, Sydney Hart, stopped coming to work in October 2009. Hart alleged she was ridiculed by co-workers and harassed by a supervisor who criticized her choice of...

Kollman & Saucier

01/21/2015

Agency Activity, Employment Discrimination

Under what circumstances may a court scrutinize the EEOC’s claim that conciliation has failed? The Supreme Court recently heard oral arguments in Mach Mining v. EEOC to address this precise issue. No. 13-1019 (Jan. 13, 2015). Although the vast majority of employment discrimination claims each year are brought by private parties, the EEOC possesses authority under Title VII to sue employers on behalf of an aggrieved employee(s), but only after...

Kollman & Saucier

12/04/2014

Disability & Leave, Employment Discrimination

Sometimes I wonder why a lawyer decides to take a case. Other times I wonder why a lawyer decides to appeal a case he never should have taken. And then there are times where I ask myself both those questions in the same case. This week, the United States Court of Appeals for the Ninth Circuit decided a disability discrimination claim that falls squarely within the latter category. Curley v. City of N. Las Vegas, No. 12-16228 (12/2/14). The case...

Kollman & Saucier

12/02/2014

Disability & Leave, Employment Discrimination

Most employers include written workplace harassment policies in handbooks and other employment documents. While many such policies state that the employer will comply with its obligations under federal and local law, some go farther. Such was the case at Costco, where an "Employee Agreement" signed by all employees stated that "harassment" has a broader meaning than "as defined by law." While such "extra-broad" policies may be a well intentioned...

Darrell VanDeusen

11/25/2014

Employment Discrimination

In what appears to be the first case of its kind, a judge in New York has let a class alienage discrimination claim proceed against Northwestern Mutual Life Insurance Company. The lawsuit challenges Northwestern Mutual’s alleged policy of hiring only U.S. citizens and lawful permanent residents (LPRs). Juarez v. Northwestern Mut. Life Ins. Co., 2014 U.S. Dist. LEXIS 160726 (S.D.N.Y. Nov. 14, 2014). According to the complaint, Ruben Juarez is a...

Clifford Geiger

11/19/2014

Employment Discrimination

Two very different recruitment strategies could lead to similar allegations of hiring discrimination. Many employers rely on word-of-mouth to find new applicants. But doing so exclusively could cause legal problems. For example, a Maryland based environmental remediation services contractor recently settled a class action alleging that the company engaged in a pattern or practice of race and sex discrimination in hiring and recruiting field...

Kollman & Saucier

11/11/2014

Employment Discrimination

There is no substitute for effective communication. In Fong v. School Board of Palm Beach County, the U.S. Court of Appeals for the Eleventh Circuit again proved this lesson by upholding a school board’s decision to terminate one of its teachers in part because of her thick accent when speaking English. Ms. Jianxin Fong worked as a math teacher at Boynton Beach High School. Two years after her hiring, in 2008-09, the Palm Beach County School Board...

Kollman & Saucier

10/13/2014

Employment Discrimination

An allegedly sexually harassed terminated employee completed her EEOC questionnaire in April 2011, but did not file a charge of discrimination under the Texas Commission on Human Rights Act (“TCHRA”) until she was fired in October 2011. Because the last alleged harassment incident occurred in December 2010, she failed to file the charge within the TCHRA’s 180-day deadline. Lawson v. Parker Hannifin Corp., 4:13-cv-00923 (N.D. Tex., Oct. 19,...

Kollman & Saucier

10/10/2014

Employment Discrimination, Race Discrimination

A federal district court in Texas has permitted a former African American sales representative to take her race and color discrimination claims to trial after she presented evidence that her supervisor made multiple comments about having too many black employees on his staff. Turner v. The Hershey Co., No. 4:12-cv-03365 (S.D. Tex., Oct. 3, 2014). Yolanda Turner began working for The Hershey Company in 1998, most recently as a Houston-area retail...

Kollman & Saucier

10/03/2014

Employment Discrimination, Religious Discrimination

The United States Supreme Court has agreed to decide whether Abercrombrie & Fitch's refusal to hire a Muslim job applicant who wore a religious head scarf to a job interview violated Title VII. EEOC v. Abercrombie & Fitch Stores, Inc., U.S., No. 14-86, 10/2/14. The case arose after a 17 year old applicant wore a hijab - a religious head scarf - to an interview for a position in Abercrombie's Tulsa, Oklahoma store. During the interview, the...

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Maryland Court Dismisses Transgender Discrimination Claim

Supreme Court to Determine Scope of Judicial Review on EEOC Conciliation Process

Breaking News: Threatening to Shoot Supervisor's Children is Grounds for Discharge

Costco's Harassment Policy May Create Contractual Rights

Applicant with DACA Status States Section 1981 Claim

Hiring Practices Come Under Increased Scrutiny

Math Teacher’s Accent-Based Claims of National Origin Discrimination Don’t Add Up

Texas Court Rules That Completing EEOC Questionnaire Does Not Count as Filing a Charge

Black Supervisor Remarks He Has “Too Many Black” Employees; Employer Loses Motion For Summary Judgment

Supreme Court Will Decide Head Scarf Case

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Category: Employment Discrimination

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