Category Archives: Discrimination

DOJ Reverses Course On Transgender Discrimination

The Department of Justice (“DOJ”) has evolved its stance on transgender employment discrimination claims just in time for the holidays. In a Memo composed by Attorney General Eric Holder and released this past Thursday, the DOJ clarified the bounds of … Continue reading

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Mandatory Arbitration Agreements in Employment Applications May Not Keep You Out Of Court!

According to a press release in August 2014, the EEOC filed suit in the Southern District of Florida against Doherty Enterprises, Inc., a regional owner of more than 140 franchise restaurants, including Applebees and Panera Bread restaurants, alleging that requiring prospective … Continue reading

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Bass Pro Shops Appeals Order Permitting EEOC To Litigate For Anonymous Class Members

The Southern District of Texas certified a recent decision in a class action and pattern or practice case between the Equal Employment Opportunity Commission and Bass Pro Outdoor World, LLC (known as “Bass Pro Shops”) for interlocutory appeal.  After denying … Continue reading

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Telling Terminated Employee To Get Job As Wal-Mart Greeter Was A Bad Idea

In a recent decision, the Eastern District of Louisiana found that a supervisor’s comments suggesting that a terminated employee should take a position stereotypically filled by older workers was direct evidence of age discrimination.  During the summary judgment proceeding, plaintiff … Continue reading

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Texas Suit Against EEOC Dismissed; Texas Will Appeal

U.S. District Judge Sam R. Cummings axed Texas’ suit against the EEOC on August 20, 2014, issuing an Order holding that there was no subject-matter jurisdiction for the suit.  On August 25, 2014, Texas filed a Notice of Appeal, indicating its … Continue reading

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New Jersey Passes Law Restricting Employers’ Ability to Request Applicants’ Criminal History Information

On August 11, 2014, New Jersey Governor Chris Christie signed the Opportunity to Compete Act, New Jersey’s “ban the box” law prohibiting certain employers from excluding applicants based on their criminal records during the initial application process.

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California Supreme Court Finds an Employee’s Misrepresentation About His Immigration Status May Limit His Recovery in Lawsuit Against Employer

In Salas v. Sierra Chemical, the California Supreme Court recently held that federal immigration law and the affirmative defenses of unclean hands and after-acquired evidence may limit the lost wage claim of an employee to the extent the lost wage … Continue reading

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EEOC Provides Guidelines, Q&A and Fact Sheet Regarding Pregnancy Discrimination

The U.S. Equal Employment Opportunity Commission (“EEOC”) decided not to wait for the U.S. Supreme Court to issue a decision regarding pregnancy discrimination and on July 4, 2014, it published the following three documents: EEOC Enforcement Guidance on Pregnancy Discrimination … Continue reading

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Supreme Court Will Consider Whether EEOC’s Mandate To Conciliate Is Really Mandatory

On June 30, 2014, the Supreme Court granted cert in Mach Mining LLC v. EEOC, and will consider a dispute over the EEOC’s duty to conciliate charges of job discrimination before filing lawsuits against employers.  The Court will hear an … Continue reading

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EEOC to Seek Punitive Damages for Discriminatory Failure to Promote

An Indiana District Court ruled on June 4 that the EEOC can seek punitive damages for an employee denied a promotion because, per one of his supervisors, he was not “the face for this store.”  When he asked for clarification, his … Continue reading

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National Origin Discrimination Cited in EEOC Lawsuit Against Employer Who Terminated Employees for Lacking English Skills

In a recent press release, the EEOC announced that it has filed a lawsuit against Wisconsin Plastics, Inc., a metal and plastic manufacturer, for alleged national origin discrimination in violation of Title VII of the Civil Rights Act of 1964.

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Former Employee to Receive $72,500 in Settlement of EEOC Disability Lawsuit

Lifecare Medical Services has agreed to pay $72,500 to a former employee and take other remedial actions to settle an EEOC lawsuit alleging it violated the Americans with Disabilities Act by refusing to provide a reasonable accommodation to the employee, … Continue reading

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Tenth Circuit Rejects Employer’s “Team Player” Defense

While there’s no “I” in team, Synerlink Corporation learns that there is a rather expensive “I” in gender discrimination.  The Tenth Circuit recently overturned a summary judgment ruling in favor of Synerlink Corporation regarding the termination of Stacey Potter, one of … Continue reading

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Florida Supreme Court Rules That Pregnancy Is Protected By Florida Civil Rights Act

The Florida Supreme Court recently ruled that pregnancy discrimination is prohibited under the Florida Civil Rights Act, the State law barring discrimination in employment.

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Don’t Simply Rely on Medical History When Assessing Someone’s Ability to Perform the Job

On April 21, 2014, a federal judge in Florida ruled against American Tool & Mold, Inc. (“ATM”) for terminating an employee based on his failure to provide medical certification of his ability to perform the job.  The problem was that the … Continue reading

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