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Failure to Hire Claim May Go to a Jury After Court Doubts Employer’s Assertions

Andrea Murphy
Andrea Murphy
12/10/2019
Employment Discrimination, National Origin, Race Discrimination
The U.S. District Court for the District of Maryland recently ruled that a former employee of the Washington Metropolitan Area Transit Authority (WMATA) may proceed with trial in his race and national origin discrimination case against the transit service agency based, in part, on several of the employer’s questionable assertions concerning their hiring process.  Thomas v. Washington Metropolitan Area Transit Authority, No. PX-18-00175 (D. Md....
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Employee’s Medical Leave Can Be An Adverse Employment Action If Caused By Discriminatory Comments

Andrea Murphy
Andrea Murphy
08/02/2019
Hostile Work Environment, National Origin, Race Discrimination, Religious Discrimination
A recent case out of the U.S. District Court for the Northern District of Illinois demonstrates how a supervisor’s repeated derogatory comments about an employee’s Middle Eastern background and religion that forced her to take medical leave became a triable discrimination claim.  Odisho v. U.S. Bancorp, Inc., No. 16 C 11121 (N.D. Ill. 7/24/19). Juliet Odisho worked as a Structured Finance Analyst for US Bank (“Bank”) where she reported to...
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Fourth Circuit Rejects Employee’s Claim of Mexican Heritage Bias

Andrea Murphy
Andrea Murphy
07/24/2019
Direct Evidence, Hostile Work Environment, National Origin, Pretext
Direct, qualification, and comparator evidence, oh my!  In a recent decision, the Fourth Circuit recounted the ways in which a former utility distribution serviceman failed to prove discrimination in violation of Title VII and Section 1981.  Matias v. Elon University, No. 18-2507 (4th Cir. 7/22/19) (unpublished). Matias, who is Mexican, worked for Elon University from 1999 to 2016.  After being promoted to utility distribution serviceman in 2005,...
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New EEOC Guidance on National Origin Discrimination

Darrell VanDeusen
Darrell VanDeusen
11/23/2016
National Origin
On November 21, 2016 the Equal Employment Opportunity Commission (EEOC or Commission) issued new enforcement guidance on national origin discrimination.  See https://www.eeoc.gov/laws/guidance/national-origin-guidance.cfm.  The EEOC is updating a section of its Compliance Manual first drafted in 2002, largely in response to an increase in religious and national origin discrimination claims after the 9/11 attacks. The new Guidance comes at a time...
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EEOC Issues Proposed Guidance On National Origin Discrimination

Randi Klein Hyatt
Randi Klein Hyatt
06/08/2016
Agency Activity, National Origin
The U.S. Equal Employment Opportunity Commission (EEOC) has released a Proposed Enforcement Guidance on National Origin Discrimination under Title VII of the Civil Rights Act of 1964.  The EEOC will take public comments on the proposed guidance until July 1, 2016. The EEOC has not formally addressed national origin discrimination since 2002.  Since that time, claims of Title VII violations based on national origin have increased.  In 2015,...
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EEOC Provides Guidance Regarding Muslim and Middle Eastern Employees

Garrett Wozniak
Garrett Wozniak
12/31/2015
Agency Activity, National Origin, Religious Discrimination
On the heels of the recent terrorist attacks in Paris and San Bernardino, EEOC Chair Jenny R. Yang recently issued a statement to “Address Workplace Discrimination Against Individuals Who Are, or Are Perceived to Be, Muslim or Middle Eastern.” Along with the statement, the EEOC released two “resource documents” to provide guidance to employees and employers on how to handle workplace situations involving discrimination against individuals...
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Name Calling, Prayer Circle, and Social Shunning Help Revive Discrimination Claims

Garrett Wozniak
Garrett Wozniak
10/28/2015
Employment Discrimination, Hostile Work Environment, National Origin, Religious Discrimination
Reversing a decision it described as “replete with error,” the Seventh Circuit Court of Appeals has revived an employee’s claims of retaliation, and religion- and national origin-based hostile work environment.  Huri v. Office of the Chief Judge of the Circuit Cir. Ct. of Cook Cnty., No. 12-2217 (7th Cir. Oct. 21, 2015). Fozyia Huri, a Muslim from Saudi Arabia, began working for the Circuit Court of Cook County, Illinois in 2000.  Huri...
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