Employment Discrimination Archives - Page 3 of 29

Fifth Circuit: Discrimination More Than “Ultimate Employment Decisions”

Darrell VanDeusen

08/28/2023

Employment Discrimination, Sex Discrimination

Since July 2, 1965, Title VII has made it illegal for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(1). Nowhere does the law require that the discrimination be an...

Kollman & Saucier

08/03/2023

Employment Discrimination, Hostile Work Environment, Sex Discrimination, Sexual Harassment, Sexual Orientation

To prevail on a hostile work environment claim under Title VII of the Civil Rights Act of 1964, a plaintiff must typically show that there is unwelcome conduct that is based on the plaintiff’s protected characteristic, which is sufficiently severe or pervasive to alter the plaintiff’s conditions of employment, and that the employment action is imputable to the employer. When considering whether there is a hostile work environment, courts look...

Kollman & Saucier

07/21/2023

Employment Discrimination, Immigration

The U.S. Court of Appeals for the Fourth Circuit recently ruled against a student who sued ExxonMobil for discrimination when the company rescinded an internship offer. The case is Aldo De Leon Resendiz v. Exxon Mobil Corporation, No. 21-2211 (4th Cir. 2023). Aldo De Leon entered the United States illegally when he was 8 years old. He received deferred deportation and eligibility for temporary work authorization under the Deferred Action for...

Darrell VanDeusen

07/10/2023

Employment Discrimination, Public Sector Employment Law

“If I had a world of my own, everything would be nonsense. Nothing would be what it is, because everything would be what it isn’t. And contrary wise, what is, it wouldn’t be.” The Mad Hatter, Alice’s Adventures in Wonderland (Lewis Carroll, 1865) When I explain the disparate treatment theory in employment discrimination cases, I make the point that the analysis must look at the way people of different protected...

Kollman & Saucier

06/14/2023

Employment Discrimination, Hostile Work Environment, Sexual Harassment

Can an employer be liable for workplace harassment resulting from music with sexually graphic lyrics when both women and men find the music offensive? Last week, the Ninth Circuit Court of Appeals answered that question with a resounding “yes.” Sharp v. S&S Activewear, L.L.C., No. 21-17138 (9th Cir. June 7, 2023). The court had little trouble reversing the trial court’s decision that because employees of both sexes found the music...

Darrell VanDeusen

05/26/2023

Employment Discrimination, Race Discrimination, Wrongful Discharge

You may recall an event in Central Park in mid-2020 that involved a woman who called the police when she encountered a birdwatcher. The birdwatcher was Black. The woman was white. Video of the incident went viral. I’ll spare you the link, but it’s still available (isn’t everything) with a quick search of “Central Park Karen,” as the incident became known. Amy Cooper was walking with her dog off leash in the Bramble, which is...

Kollman & Saucier

05/01/2023

Agency Activity, EEOC, Employment Discrimination, Hostile Work Environment

The EEOC has issued guidance on “Promising Practices for Prevention and Addressing Harassment in the Federal Sector.” While the guidance provides recommended practices for federal government workplaces, it offers sound advice for other public sector and private sector employers. Here is a sampling of the EEOC’s recommendations that are applicable to other employers too: Annually issue and distribute to all employees, and prominently post,...

Peter Saucier

04/05/2023

Agency Activity, Employment Discrimination

Every person who claims to be discriminated against by an employer has the right to have that charge examined by the Maryland Commission for Civil Rights (MCCR). The claims of charging parties are fully investigated by the MCCR, including procedures to obtain documents, data and testimony. That process includes an appeal within the MCCR, and the right to seek further review in the Maryland Circuit Court system. Employers confronted with charges...

Kollman & Saucier

01/25/2023

Employment Discrimination, Race Discrimination

What should an employer do when it learns of potential workplace harassment? Hudson v. Lincare, Inc., No. 22-50149 (5th Cir., Jan. 18, 2023), offers a recent example of how an employer should respond when an employee (or other individual, for that matter) alleges unlawful workplace behavior: take the report seriously and protect employees from the harassing behavior, conduct an appropriate investigation, and take action to stop the harassment. ...

Darrell VanDeusen

11/08/2022

Employment Discrimination

After nearly 38 years as an employment lawyer, there are some old saws of mine I pull out (rarely, thank goodness) when talking to clients. For example, after discussing the underlying issues in a pesky employment matter, a member of management might say “why can’t we just fire this person…?” My go-to response is “well, yes, Congress knew some people felt that way and that’s why they passed a law against it.” As most folks...

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Fifth Circuit: Discrimination More Than “Ultimate Employment Decisions”

Former McDonald’s Employee’s Harassment Claim Fails

Policy Requiring Permanent Work Authorization Does Not Discriminate Against Aliens

The (New) Story of the Mad Hatter

Harassment Claim Based On Offensive Music Given New Life

The Difference Between Race and Racism

EEOC Issues Harassment Prevention and Response Guidance

Maryland Court Reins in Appeal Rights From MCCR Determinations

Prompt Response to Workplace Harassment Complaint Defeats Title VII Claim

Yeah, Congress Knew Some Folks Felt That Way

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Category: Employment Discrimination

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