Tag: Title VII

Can Employers Discriminate Against Younger Workers?

by Hillary J. Collyer Given the current economic slump, there is a particularly high rate of unemployment among younger workers. Accordingly, employers may be receiving an increased number of resumes or job applications from recent graduates who are still looking for their first job out of college. Also, in recent years there’s been a lot […]

Bathroom Etiquette Should Not Influence Hiring

By Robert P. Tinnin, Jr. Q: This morning I interviewed an applicant for a clerical position in our company. She appeared to be an attractive, personable young woman and was very engaging during the interview. However, I soon learned that “she” is really a “he,” at least anatomically. She told me she is preparing to […]

Addressing Employees’ Religious Beliefs and Practices in the Workplace

by Brian R. Garrison Most employers know that federal and state civil rights laws prevent them from discriminating against employees on the basis of their religious beliefs and practices. But when you hear the phrase “reasonable accommodation,” you usually think of your duty under the Americans with Disabilities Act (ADA) to accommodate an employee with a […]

Breastfeeding Employee Entitled to Equal, Not Preferential, Treatment

The U.S. Fifth Circuit Court of Appeals in New Orleans recently addressed a case in which the employee alleged violations of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act (PDA). The dispute arose when the employee claimed she was given insufficient break time to express breast milk following the […]

Dueling Complaints

LITIGATION VALUE:  $50,000 (in litigation costs on Darryl’s claims); damages continuing to pile up on Oscar’s claims. In tonight’s episode, “The Meeting,” we watched as Michael interfered with Jim’s attempt to obtain a promotion and falsified documents in Jim’s personnel file (clearly a problem, but not the most interesting problem in this episode). We also watched […]

EEOC Guidance, Best Practices for Working Caregivers

For many employees, the need to care for sick or very young family members weighs more heavily these days. Jobs are scarce, and staying employed is crucial, but family needs don’t magically disappear. While the Family and Medical Leave Act (FMLA) allows unpaid employee leave to care for others, it doesn’t apply to all employers, […]

Important Labor and Employment Decisions Pending Before the Supreme Court

The current term of the U.S. Supreme Court provides a reminder that the drafters of the U.S. Constitution deliberately created a tension between continuity of law and responsiveness to changes in the majority’s wishes. We are on the cusp of a complete change in administration, with the likelihood of substantial changes in both statutory regime […]

Laid-off Workers Win Some Discrimination Lawsuits, Lose Some

When a company downsizes, it can feel like a civil war, with employees worried about whether they will be next on the chopping block. Such times can be hazardous for employers, which may find themselves tiptoeing through a minefield of explosive discrimination lawsuits. In the case below, recently decided by the Tenth U.S. Circuit Court […]

Pregnancy Complications: Disability, No; Sex Discrimination, Maybe

By John C. Pitblado By now, you know that the old “sticks and stones” schoolyard adage is way off: Words can hurt you. You may be surprised to find out how few words (in this case, a 12-word phrase in an e-mail) it takes to really hurt an employer that’s facing a discrimination claim. HR […]

3 Questions Employers Should Ask in Discrimination Cases

In discrimination cases filed under Title VII of the Civil Rights Act of 1964, first, the employee must establish a prima facie (minimally sufficient) case of discrimination. Once he does that, the burden shifts to the employer to produce evidence that he was rejected or someone else was preferred for a legitimate, nondiscriminatory reason. This […]