Is Your Boss that is Sexually Harassing You Really Your Boss Under Title VII?

The news on the issue of sexual harassment is prevalent today and government bodies are enacting new laws affording additional protections and companies are reevaluating their policies, procedures, and best practices.  The common understanding is that if a supervisor is the perpetrator of sexual harassment, then actual notice of the offending acts is imputed on the employer.  However, what qualifies a person as a true manager or supervisor under Title VII of the Civil Rights Act of 1964?  This … [Read more...]

Religious Discrimination in the Workplace

There are various forms of religious discrimination in the workplace. If you have been denied work or a promotion, harassed at work, or denied an accommodation at work because of your religious beliefs or practices, or because of your lack of certain religious beliefs you may have recourse. Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminatory conduct in the work place on basis of religion or spiritual faith. With respect to religion, the EEOC sets out … [Read more...]

Two Federal Circuits Recognize Sexual Orientation as Discrimination Under Title VII

Our firm had the privilege of representing a client in a federal lawsuit alleging gender based discrimination on account of his sexual orientation that involved gender stereotyping.  That matter was resolved but it was a plausible avenue to the Supreme Court though leading cases were filed prior to that matter.  The majority of federal circuits have failed to recognize such a cause of action, however the second and seventh circuit court of appeals have recognized that discrimination … [Read more...]

Cancer Patient Can Be Fired by Wal-Mart for Medical Marijuana Use.

There was dominant debate in the Tennessee legislature this year for passing a medical marijuana bill allowing patients with a prescription to benefit from its medicinal properties.  The issue that was not part of the debate was its impact on private employers and whether they must adopt a similarly progressive policy or regulate private employment in any way.  A recent case out of the Michigan district which is part of the Sixth Circuit as Tennessee is may have application to a potential … [Read more...]

6th Circuit: General contractors liable as ‘joint employers’ with subcontractors’ discrimination

The U.S. Court of Appeals for the Sixth Circuit held Dec. 10 (EEOC v. Skanska USA Bldg., Inc., 2013 BL 341867, 6th Cir., No. 12-5967, unpublished opinion 12/10/13) that a contractor can be held liable as a 'joint employer' for discriminatory acts of a subcontractor if certain facts exist.  The Sixth Circuit heard this as a matter of first impression in that it has not applied the 'joint employer' theory in a Title VII Civil Rights Act of 1964 discrimination case though it has expressed "in … [Read more...]

FMLA Leave: Vegas here I come!

In Ballard v. Chicago Park District, No. 13-1445 (7th Cir., January 28, 2014) the Seventh Circuit Court of Appeals considered whether the FMLA (Family Medical Leave Act) applies to protect an employee’s trip to Las Vegas with her ill mother.   The employee was an employee for the City of Chicago and resided with her mother who was receiving hospice and palliative care due to end stage congestive heart failure.  The employee's  care of her mother included cooking meals, administering insulin and … [Read more...]

Ladies: Lactate Away at Work!

A recent ruling out of the fifth circuit court of appeals now offers protection to mothers in the workplace who lactate or express milk after pregnancy.  Furthermore, discrimination by an employer who materially alters the terms or conditions of a female employee’s employment constitutes a cause of action for sex discrimination under Title VII of the Civil Rights Act of 1964.  It would also violate the Pregnancy Discrimination Act which amended Title VII by broadening sex discrimination to … [Read more...]

Hotline? What Company Hotline?

If you are employed by a large corporation, you likely attended an orientation program where you were provided numerous materials such as employee handbooks and other corporate policies.  The company may have been transparent about a corporate hotline that an employee may call in the event they are subject to or witness discrimination or violation of ethics policies.  However, many companies are not so motivated to disclose this hotline because they benefit from an employee's failure to engage … [Read more...]

A Victory for Clothing! Being paid while donning and doffing work Uniforms becomes clarified

Only attorneys can argue over the narrow construction of the meaning of "clothes" and "time spent in changing clothes … at the beginning or end of each workday" per (29 U.S.C. § 203(o)) of the Fair Labor Standards Act and if a collective bargaining act so provides.   This matter was addressed in the recent opinion of Sandifer v. United States Steel Corporation on January 27, 2014 where the parties literally distinguished "clothes" with competing publications of dictionaries.  The narrow issue … [Read more...]

Who is my supervisor under the law ?

The Supreme Court this year in the matter of Vance v. Ball State University clarified the ambiguity among the various federal circuits as to the definition of a "supervisor" as applied under Title VII and per EEOC Guidance of the same.  Maetta Vance, an African American woman, filed a lawsuit against her employer, Ball State University claiming a racially hostile work environment by Saundra Davis. Under Title VII, the status of the harasser controls the issue vicarious liability of the … [Read more...]

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