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Race Discrimination

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 […]

Employer’s Departure from Job Description Can Be Evidence of Pretext

Job descriptions are important tools in a variety of ways.  What an employer puts (or doesn’t put) on a job description can make a big difference when defending an employment action down the line.  For one, a job description can help employers satisfy ADA obligations by properly identifying a job’s essential functions and distinguishing them […]

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 […]

Court Finds Client Remark About “Rednecks” To Be Direct Evidence Of Discrimination

I recently blogged about a case where a supervisor told an employee that she “[couldn’t] stand [his] black ass” in an altercation that culminated in the employee’s termination.  There, despite the closeness in time between the comment and the employment decision at issue, the court found insufficient evidence of unlawful discrimination, and the employer won […]

New York Bans Race Discrimination Based on Hairstyle

New York has become the second state to include hairstyles within the definition of race for purposes of the state’s anti-discrimination law.  Last week, California became the first state to ban such discrimination. The New York State law amends the definition of “race” to mean “traits historically associated with race, including but not limited to, […]

Employee Can’t Prove Supervisor’s “Black Ass” Remark Motivated His Termination

In a recent unpublished decision, the Eleventh Circuit held that an African-American former employee could not get past summary judgment on his Title VII and Section 1981 race discrimination claims.  Williams v. Housing Opportunities for Persons with Exceptionalities, No. 2:17-cv-00468-ACA (11th Cir. 7/15/19). Williams worked as a direct care provider for Housing Opportunities for Persons […]

New California Law Adds Protected Status Based On Hairstyle

This past week marked not only the anniversary of our Independence Day, but also the 55th anniversary of the enactment of the Civil Rights Act of 1964.  Amidst this well-deserved fanfare, California became the first state to make hairstyle a protected status under its state anti-discrimination law, the Fair Employment and Housing Act (FEHA). Presently, […]