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...]
6th Circuit: General contractors liable as ‘joint employers’ with subcontractors’ discrimination
April 24, 2014 by
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of Appeals for the Sixth Circuit held Dec. 10 (EEOC v. Skanska USA Bldg., Inc., 2013 BL 341867, 6th Cir., No. 12-5967, unpublished opinion 12/10/13) that a contractor can be held liable as a 'joint employer' for discriminatory acts of a subcontractor if certain facts exist.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...]
Ladies: Lactate Away at Work!
April 17, 2014 by
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?
February 7, 2014 by
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
February 5, 2014 by
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 ?
November 19, 2013 by
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...]
Employees’ non-public postings protected in workplace
October 4, 2013 by
Plaintiff Deborah Ehling was a registered nurse and paramedic. Defendant MONOC is a non-profit hospital service corporation providing emergency medical services to the citizens of New Jersey. Plaintiff was hired by MONOC in 2004 as a registered nurse and paramedic. Plaintiff's claims in this case arose out of an incident involving Plaintiff's Facebook account where in she was disciplined for posting commentary that a particular person involved in a shooting should have allowed to die on the … [Read more...]
Am I required to submit to a medical exam for a job?
September 27, 2013 by
The Americans with Disabilities Act prohibits three forms of "pre-offer" inquiries: Medical Examinations Inquiries as to whether the individual considers himself to have a disability Questions concerning conditions that might disclose a disability such as medications being taken, records of hospitalization, or claims for insurance or workers compensation. Pursuant to 42 U.S.C.A. 2112(d), these prohibitions apply to all applicants, not just individuals with disabilities. If you are … [Read more...]
