Discrimination

Ruling by NLRB in General Motors Overturns Prior Precedent That Protected Racist and Sexist Speech at Work

In a major ruling, the National Labor Relations Board (NLRB) has overturned longstanding precedent that in effect shielded employees’ racist

By |2020-08-02T22:15:33-05:008/2/2020|Categories: Discrimination and Harassment, Labor Relations|Tags: , , |Comments Off on Ruling by NLRB in General Motors Overturns Prior Precedent That Protected Racist and Sexist Speech at Work

Tenth Circuit, Ruling in Frappied v. Affinity Gaming Black Hawk, LLC and Citing Supreme Court’s Recent Landmark LGBTQ Decision, Allows Title VII “Sex-Plus-Age” Discrimination Claim To Proceed

Does Title VII permit a group of plaintiffs to bring a lawsuit claiming discrimination based on “sex-plus-age,” and if so,

By |2020-08-02T22:13:32-05:008/2/2020|Categories: Discrimination and Harassment|Tags: , |Comments Off on Tenth Circuit, Ruling in Frappied v. Affinity Gaming Black Hawk, LLC and Citing Supreme Court’s Recent Landmark LGBTQ Decision, Allows Title VII “Sex-Plus-Age” Discrimination Claim To Proceed

Supreme Court Declines To Hear Yovino v. Rizo , Leaving Circuit Split on Whether Prior Salary Can Be Used To Defend Against an Equal Pay Act Claim

The issue of how or even whether employers can consider an employee’s prior salary in making a compensation decision in

By |2020-07-19T22:13:38-05:007/19/2020|Categories: Compensation, Discrimination and Harassment, Supreme Court|Tags: , , |Comments Off on Supreme Court Declines To Hear Yovino v. Rizo , Leaving Circuit Split on Whether Prior Salary Can Be Used To Defend Against an Equal Pay Act Claim

Ruling by Federal Trial Court in Rodriguez v. P&G Finds Work-Authorized DACA Beneficiaries May Be Protected From Employment Discrimination Under “Section 1981”

A recent federal trial court decision raises the interesting question of whether beneficiaries of the Deferred Action for Childhood Arrivals

By |2020-07-19T22:08:20-05:007/19/2020|Categories: DACA/DAPA, Immigration, Work Permits|Tags: , |Comments Off on Ruling by Federal Trial Court in Rodriguez v. P&G Finds Work-Authorized DACA Beneficiaries May Be Protected From Employment Discrimination Under “Section 1981”

Landmark Ruling by Supreme Court in Bostock v. Clayton County Holds That Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity

In a historic landmark 6-3 decision issued earlier this week, the U.S. Supreme Court ruled that the prohibition against sex

By |2020-09-21T13:54:11-05:006/21/2020|Categories: Discrimination and Harassment, Supreme Court|Tags: , , , |Comments Off on Landmark Ruling by Supreme Court in Bostock v. Clayton County Holds That Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity

Ruling by Third Circuit in Eshleman v. Patrick Industries Serves as a Reminder of the Breadth of the ADA’s “Regarded As” Disabled Prong

The enactment of the Americans with Disabilities Act Amendments Act (ADAAA) in 2008 broadened the definition of who is an

By |2020-09-21T13:54:12-05:006/14/2020|Categories: Disability, Accommodations, and Leaves|Tags: , , , , |Comments Off on Ruling by Third Circuit in Eshleman v. Patrick Industries Serves as a Reminder of the Breadth of the ADA’s “Regarded As” Disabled Prong

Supreme Court Rules in Comcast v. NAAAOM That “But-For” Causation Standard Applies to “Section 1981” Race Discrimination Claims

In a major ruling with employment law impact, a nearly unanimous Supreme Court ruled recently that a plaintiff claiming race

By |2020-04-05T20:47:41-05:004/5/2020|Categories: Supreme Court|Tags: , , , |Comments Off on Supreme Court Rules in Comcast v. NAAAOM That “But-For” Causation Standard Applies to “Section 1981” Race Discrimination Claims

Sixth Circuit Rules That Broadly Worded Release of Claims Is Enforceable Where Evidence Shows That Plaintiff’s Signature Was “Knowing and Voluntary”

In a recently-decided case that sheds some helpful light on how an employer can use a release of claims to

By |2019-11-10T16:53:24-05:0011/10/2019|Categories: Discrimination and Harassment|Tags: , |Comments Off on Sixth Circuit Rules That Broadly Worded Release of Claims Is Enforceable Where Evidence Shows That Plaintiff’s Signature Was “Knowing and Voluntary”

Trump-Appointed NLRB Majority Issues More Employer-Friendly Decisions, Will Revisit Standard for When Offensive Conduct Loses Labor Law Protection

Over the last few months, the Trump-appointed majority on the National Labor Relations Board (NLRB) has hit its stride, issuing

By |2020-09-21T13:54:23-05:009/17/2019|Categories: Discrimination and Harassment, Labor Relations|Tags: , , , , , |Comments Off on Trump-Appointed NLRB Majority Issues More Employer-Friendly Decisions, Will Revisit Standard for When Offensive Conduct Loses Labor Law Protection