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

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....
read more

Employee’s Medical Leave Can Be An Adverse Employment Action If Caused By Discriminatory Comments

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...
read more

Fourth Circuit Rejects Employee’s Claim of Mexican Heritage Bias

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  Matias v. Elon University, No. 18-2507 (4th Cir. 7/22/19) (unpublished).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,...
read more

New EEOC Guidance on National Origin Discrimination

Darrell VanDeusen
Darrell VanDeusen
11/23/2016
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...
read more

EEOC Issues Proposed Guidance On National Origin Discrimination

Randi Klein Hyatt
Randi Klein Hyatt
06/08/2016
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,...
read more

EEOC Provides Guidance Regarding Muslim and Middle Eastern Employees

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...
read more

Name Calling, Prayer Circle, and Social Shunning Help Revive Discrimination Claims

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...
read more
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.