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Discrimination

‘No Leave Available’ Text Supports ADA Claim

A sales associate at a Dollar General store who asked how to request leave and was told by text that no leave was available could proceed with her Americans with Disabilities Act (ADA) failure-to-accommodate claim, the 8th U.S. Circuit Court of Appeals ruled. The plaintiff was a lead sales associate at a Dollar General store…

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Just in Time for the Holidays – Does the ADA Require Braille on Gift Cards?

While litigation regarding accessibility of websites and mobile applications continues to swell, plaintiffs’ counsel are now pursuing new claims in serial litigation. With the holidays quickly approaching, many attorneys have set their sights on gift cards. Between Oct. 24-27, 2019, 33 putative nationwide class action cases were filed in two U.S. District Courts against an…

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Has #MeToo Created a New Claim of Male-Bias Discrimination?

Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a mid- or lower-level employee, is not a stellar performer, and involved in a largely he said/she said situation.…

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Employers, Can You Fire An Employee For Being Gay or Transgender?

We will soon see—at least under federal law. What am I talking about? This past week, the Supreme Court of the United States (SCOTUS) heard oral arguments on three cases in order to decide whether discrimination based on sexual orientation, gender identity, gender expression, or transgender status constitutes discrimination “on the basis of sex.” Let’s…

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Verify, Re-Verify, But Don’t Over-Verify: I-9 Compliance During an Era of Increased Enforcement

There has been a surge in workplace enforcement actions by U.S. Immigration and Customs Enforcement (ICE), according to statistics published by Homeland Security Investigations (HSI), the division of ICE tasked with using civil investigations and criminal prosecutions to deter companies from hiring unauthorized workers. This surge in HSI investigations and penalties against employers signals a…

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Your Employee Filed An EEOC Charge. Now What?

Charges of discrimination filed with the Equal Employment Opportunity Commission (“EEOC”) (and similar charges with state and local human relations agencies) are a critical first step in an employee’s discrimination claim. For employers, the importance of responding strategically to such charges cannot be understated. This article will cover what to expect, and will provide a few key strategic…

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Ten Ways Employers Get Themselves Sued (Part One)

Take care of yourself! In medicine, sometimes the practices that get people in trouble are pretty simple. Too many nachos, and not enough leafy greens. You’d rather binge-watch Seasons 1-3 of Stranger Things than go for a walk. You hate needles, so you haven’t been to the doctor in 20 years. The same principle often applies…

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Heterosexual HR Manager Loses Discrimination Claim

A heterosexual HR manager fired after writing an angry Facebook post against Target’s policy of allowing transgender individuals to use restrooms according to gender identity could not state a discrimination or retaliation claim, the 5th U.S. Circuit Court of Appeals ruled. The plaintiff began working in the Louisiana office of Plant-N-Power Services Inc. (PNP) in…

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Employers Take Heed: The EEOC Is Cracking Down On Pay Discrimination

Equal pay for equal work is a hot topic for employers. In the last few years, several states have passed equal pay laws, while the Equal Employment Opportunity Commission (EEOC) is paying more attention to equal pay issues on the federal level as reflected in recent enforcement actions. Just last month, the EEOC filed two…

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