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
March 5, 2018 by
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
March 2, 2018 by
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...]
New EEOC Guidance on Retaliation Charge
December 2, 2016 by
U.S. Equal Employment Opportunity Commission (EEOC) issued its final Enforcement Guidance on Retaliation and Related Issues, to replace its 1998 Compliance Manual section on retaliation. The guidance also addresses the separate "interference" provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights. Link to guidance below. https://www.eeoc.gov/laws/guidance/retaliation-guidance.cfm … [Read more...]
Six Years or Less Age Gap to Support Age Discrimination Claim
April 30, 2014 by
It is a common and curious question as to what age gap is necessary to justify an age discrimination claim. The Sixth Circuit Court of Appeals in the matter of Blizzard v. Marion Technical College (No. 3:09-cv-1643 Northern District Ohio) narrowed the age gap as to what is or is not a "significant" difference. The Court held that the magic number of six years or less would not constitute a "significant" gap in age to make out a prima facie claim of age discrimination. This case involves a … [Read more...]
Cancer Patient Can Be Fired by Wal-Mart for Medical Marijuana Use.
April 29, 2014 by
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...]
