Tag: discrimination

ADA

Listen Closely! 5th Circuit Court Hears Stuttering Employee’s ADA Claims

In a recent decision, the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—addressed claims brought under the Americans with Disabilities Act (ADA) by an employee who had a noticeable stutter. The employee alleged his employers failed to accommodate his disability and subjected him to a hostile work environment.

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Transgender

Sessions Memo Changes DOJ Position on Transgender Discrimination

U.S. Attorney General Jeff Sessions’ announcement changing his department’s position on transgender employment discrimination marks a change in the legal landscape, but it doesn’t alter employer obligations under various state and local laws or the position taken by other federal agencies.

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nurse

Dispute Over Job Requirements Defeats Summary Judgment on Disability Discrimination Claim

The New Jersey Supreme Court recently permitted a disabled nurse to proceed to trial on her claim that the termination of her employment constituted disability discrimination. The court based its decision on a factual dispute over the physical requirements of the nurse’s job, her employer’s apparent failure to consider potential accommodations for her disability, and […]

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pagan ritual

Forced Pagan Ritual Ends in Discrimination Lawsuit for Virginia Employer

With a shortage of Catholic priests—and younger priests not looking at the task too favorably—there aren’t too many people left who will perform an exorcism. Whether you believe in demon possession or not, one thing is certain: The task is definitely not something for HR professionals! A recent lawsuit filed in the U.S. District Court […]

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yoga

Watch Out Employers! ‘Cute’ Could Be Seen as a Protected Class

According to the Equal Employment Opportunity Commission (EEOC), Title VII of the Civil Rights Act of 1964 (Title VII) makes it illegal to discriminate against someone based on race, color, religion, national origin, or sex, but could being “cute” get added to this list? A recent decision from the New York appellate court has left […]

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independent contractor

Was Racetrack Chaplain an Independent Contractor or an Employee?

Recently, the Kentucky Court of Appeals had to decide whether or not a chaplain working for Keeneland Association, Inc., was an independent contractor or an employee. Based on the courts findings, the chaplain could then proceed with a disability discrimination claim against the racecourse.

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USPS

Was Inconsistent Treatment of Asian USPS Worker Discrimination?

As we have previously noted, employees are filing more and more retaliation cases. In 1997, the Equal Employment Opportunity Commission (EEOC) accepted 16,394 charges alleging retaliation under Title VII of the Civil Rights Act of 1964, but that number swelled to 33,082 in 2016.

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