Employment Discrimination Archives - Page 25 of 29

Recording Supervisor's Racially Offensive Remarks Leads to Reduced Jury Verdict

Kollman & Saucier

01/15/2014

Baiting your supervisor to make racially offensive comments while secretly recording the conversation might seem like a great way to score a big settlement out of your employer. However, that strategy can prove to be something of a double-edged sword -- at least in the eyes of the United States District Court for the Southern District of New York. Johnson v. STRIVE E. Harlem Emp’t Grp., No. 1:12-cv-04460 (S.D.N.Y. Jan. 2, 2014). Rob...

Kollman & Saucier

01/04/2014

Disability & Leave, Employment Discrimination, Pregnancy Discrimination

The United States Court of Appeals for the Sixth Circuit recently held that a nursing home’s policy of accommodating only restrictions from work-related incidents could be pretext for pregnancy discrimination. Latowski v. Northwoods Nursing Center, No. 12-2408 (6th Cir. Dec. 23, 2013). Jennifer Latowski was employed as a certified nursing assistant (“CNA”) by Northwoods Nursing Center in Michigan. Her doctor recommended a 50-pound lifting...

Kollman & Saucier

01/02/2014

Employment Discrimination, Sexual Harassment

Just prior to Christmas, the United States District Court for the District of Maryland denied in part a motion to dismiss filed by Ledo’s Pizza & Pasta and permitted a 16 year old plaintiff to move forward on her sexual harassment claims, but not her claims of disparate treatment and national origin discrimination. Lopez v. BMA Corp., No. DKC 13-2406, 2013 BL 354687 (D. Md. Dec. 24, 2013). Plaintiff Rosa Lopez filed suit as parent and...

Kollman & Saucier

12/27/2013

Employment Discrimination

During the past month, the United States District Court for the Eastern District of Pennsylvania has reached the opposite result in two cases involving claims of associational discrimination — claims where the plaintiff alleges that he was discriminated against because of his association with others of a different race. In Terry v. Yeadon Borough, No. 12-6205 (E.D. Pa. Dec. 13, 2013), the court concluded that the plaintiff’s claims could...

Kollman & Saucier

12/26/2013

Employment Discrimination, Retaliation

The Second Circuit Court of Appeals delivered Zann Kwan an early Christmas present earlier this month when it concluded that her former employer was not entitled to summary judgment on her retaliation claim. Zann Kwan v. Andalex Grp. LLC, No. 12-2493 (2d Cir. Dec. 16, 2013). From April 2007 until September 2008 Zann Kwan worked as the Vice President of Acquisitions for The Andalex Group, a small family-owned real estate management company based...

Kollman & Saucier

12/23/2013

Damages, Employment Discrimination

One of the reasons lawyers have a bad reputation with lay people is because of the fees they charge, especially in highly contested litigation matters. Plaintiffs sometimes feel that they should not have to pay lawyers to prosecute their (arguably) clear cut claims, while defendants sometimes feel that they should not have to pay lawyers to defend against (arguably) frivolous claims. Regardless of whether you represent plaintiffs or defendants,...

Kollman & Saucier

11/08/2013

Employment Discrimination, Legislative Developments

On November 7, 2013, the Senate voted in favor of the Employment Non-Discrimination Act (ENDA), with a bipartisan vote of 64-32. The ENDA would prohibit employment discrimination on the basis of sexual orientation. The ENDA, however, is unlikely to have the same success in the Republican-controlled House of Representatives, where House Speaker John Boehner has voiced his opposition to the bill. The Senate last voted on legislation prohibiting...

Kollman & Saucier

10/23/2013

Employment Discrimination, Sexual Harassment

On October 16, 2013, a federal court in Alabama dismissed a sex discrimination claim brought by a female manager who alleged she was unfairly disciplined for sexual harassment while her male co-workers were allowed to get away with such behavior. Meyer v. Lincare, Inc. (M.D. Ala. 10/16/13). The court found that there was no evidence of disparate treatment because the male comparator she identified was not a manager, nor had he engaged in...

Kollman & Saucier

10/08/2013

Agency Activity, Employment Discrimination

Over the past two years, the EEOC has placed a great deal of emphasis upon challenging employer policies that bar applicants based upon criminal history. In August, the Commission suffered a major setback on this front when a federal court in Maryland dismissed a lawsuit brought by the EEOC because the statistical analysis it relied upon was severely flawed. On October 7, 2013, the EEOC suffered another setback when the United States Court of Appeals...

Kollman & Saucier

09/27/2013

Disability & Leave, Employment Discrimination

A Tennessee federal district court granted summary judgment to an employee on his disability discrimination claim based on a letter confirming that he was terminated for “medical reasons.” Lovell v. Champion Car Wash, 3:12-00254 (M.D. Tenn. September 3, 2013). This case is the epitome of how an employer’s untrained approach to employment issues can be damaging. Mr. Lovell worked for a car wash company (Champion), and because of his medical...

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Recording Supervisor's Racially Offensive Remarks Leads to Reduced Jury Verdict

Nursing Home's Limited Accommodations Deemed Unlawful Pregnancy Discrimination

Maryland Court Allows Sex Harassment Claim Against Ledo's Pizza to Proceed

Two Associational Discrimination Claims Treated Differently By Federal Court In Pennsylvania

“But-For This,” “But-For That” -- Multiple “But-For” Causes Possible In Title VII Retaliation Claim

Ninth Circuit Upholds Large Attorneys Fee Award

Sexual Orientation One Step Closer To Becoming A Federally Protected Status

So You Think Your Boss is Strange? Check This Out ...

EEOC Gets Slammed Again in Background Check Case

Termination Letter Citing Employee’s “Medical Reasons” Was Direct Evidence Of Disability Discrimination

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Category: Employment Discrimination

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