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...]
Tennessee Occupational Safety and Health Act Prescribes Exclusive Remedy for Retaliatory Discharge
February 23, 2018 by
In the plaintiff's Complaint, she alleged she was employed by AAI, a wholly-owned subsidiary of Edwards & Associates, Inc., and her job entailed finishing interior plastics. She alleged that on October 24, 2006, she reported an OSHA-reportable violation pertaining to fiberglass sanding to her supervisor, and that her supervisor told her to directly confront the employee, in violation of regulations. One of the major questions put before the Court was whether the discretionary administrative … [Read more...]
Employer’s Obligation and Duty to Engage in Interactive Process Under ADA
February 22, 2018 by
The Americans with Disabilities Act of 1990 (“ADA”) protects the disabled in the workplace by prohibiting affected employers from, among other things, “not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an employee, unless such [employer] can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such [employer].” 42 U.S.C. § 12112(b)(5)(A). The Americans … [Read more...]
Telecommuting recognized a possible reasonable accommodation for disabled
February 21, 2018 by
A new opinion out today supporting employee’s rights to telecommuting as a reasonable accommodation. Andrea Mosby-Meachem, an in-house attorney for Memphis Light, Gas & Water Division, was denied a request to work from home for ten weeks while she was on bedrest due to complications from pregnancy. Mrs. Mosby-Meacham was awarded judgment by a jury for disability discrimination including compensatory damages. Defense attempted to argue that her position as in-house counsel required … [Read more...]
Surrogate Mother May Proceed on Discrimination Claim against Marriot
November 6, 2015 by
A motion to dismiss a lawsuit filed in a California District Court by Marriott was denied. A surrogate mother may proceed in her cause of action alleging Title VII discrimination against the hotel chain claiming she was discriminated against by not being permitted to express breast milk after giving birth. U.S. District Judge Margaret M. Morrow said Plaintiff Mary Gonzales has shown enough to proceed with claims that the hotel violated federal and California law. Mary Gonzales gave birth to … [Read more...]
