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...]
Protect Yourself if You Are in an Office Romance with a Co-Worker
February 16, 2016 by
According to CareerBuilder's annual office romance survey, 38 percent of respondents have dated a co-worker at least once in their career, and one-third of them ended up married. In this time of Valentine’s Day gifts and sweet nothings being whispered about in the office, one must be apprised of the risks and listen to their head rather than their heart. If the relationship sours, then hell may in fact have no fury like a woman’s scorn. The employer may not be in a position to adjudicate the … [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...]
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...]
Dollar General Settles Sexual Harassment Suit Filed By EEOC
February 18, 2014 by
The Equal Employment Opportunity Commission (EEOC) charged by the Congress to enforce Title VII of the Civil Rights Act of 1964 filed a lawsuit on behalf of female employees working at a Dollar General store in Arkansas. The store manager who had been relocated that store perpetrated the alleged sexual harassment with several women at the store by asking for sexual favors. One female employee reported the behavior to the corporate hotline and the assistant manager but the corporate office … [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...]
