Discrimination
Supreme Court to Address Sexual Orientation Discrimination
The U.S. Supreme Court has agreed to consider a trio of cases addressing sexual orientation discrimination next term, answering two contested questions that have split the courts. Specifically, the justices will consider whether Title VII’s ban on sex-based discrimination prohibits discrimination based on sexual orientation and whether the statute prohibits discrimination against transgender plaintiffs based…
Read MoreFirst Circuit: Age May Be Just a Number
Discriminatory animus cannot be inferred simply because a 62-year-old employee was replaced by a 36-year-old worker for a new position that was inferior to the plaintiff’s previous job, the U.S. Court of Appeals for the First Circuit, with appellate jurisdiction over the district courts in the District of Maine, District of Massachusetts, District of New…
Read MoreThe Rumor Mill Is Now Your Problem? Yes, According to the Fourth Circuit
In a decision that could have wide-ranging implications for all employers, the Fourth Circuit Court, located in Richmond, Virginia, with appellate jurisdiction over the district courts in the District of Maryland, Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina, District of South Carolina, Eastern District of Virginia, Western District of Virginia, Northern District…
Read MoreMay an Employer Terminate a Disabled Employee for Excessive Absenteeism?
The United States Court of Appeals for the First Circuit recently upheld a trial court decision in favor of JetBlue concerning the termination of a disabled employee due to her excessive absenteeism. Miceli v. JetBlue Airways Corp., No. 18-1345 (January 28, 2019). Many employers are apprehensive about terminating the employment of disabled employees, even when…
Read MoreCourt Orders Plaintiff in FMLA Lawsuit to Produce Private Social Media Content in Discovery
In many employment cases, the parties engage in a battle over content in the plaintiff’s private social media accounts. The recent decision from the U.S. District Court in Eastern District of Michigan in Robinson v. MGM Grand Detroit, LLC, Case No. 17-CV-13128 (E.D. MIch. 1/17/2019) illustrates well how an employer can demonstrate its right to…
Read MoreOnce Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider to Proceed—and Takeaways For Employers
Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals, with appellate jurisdiction over the district courts in the following districts: Middle District of Alabama. Northern District of Alabama. … Southern District of Georgia, held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment. Additionally, the…
Read MoreOne Visit and Vague Plans to Return Not Sufficient to Allow ADA Access Claim
Businesses might see a ray of hope in a recent federal appellate court decision that rejected the ability of a wheelchair-bound patron and “tester” to pursue her claim against a property owner and shop in Cocoa Beach, Florida. There is a veritable cottage industry of plaintiffs who bring claims against businesses, even those they have…
Read MoreEmployers and Workers Disagree on Being ‘Too Old’ to Work
Aging-friendly workplaces take steps to promote inclusion of older employees Many employees plan to work past age 65, but will their employers help them to do so? In many cases perhaps not, as employers and workers don’t agree about how friendly the workplace is to older employees, according to a new study from the nonprofit Transamerica…
Read MoreReasons Given for Termination Are Critically Important
Proper documentation is an important component of human resource management, an employer victory in a discrimination case shows. In circumstances involving termination, documentation can be of critical significance. Stating the reasons for a termination can, depending on the circumstances, play a pivotal role in the ultimate outcome of a lawsuit. In this case, the employee had…
Read MoreWhat Employee Speech Is Protected in the Workplace?
Employees don’t have a constitutional right to free speech at work, but employers still need to be aware of federal and state laws that do protect workers’ speech in certain situations. The First Amendment guarantees citizens the protection of free speech from intrusion by the federal government, however it does not apply to private actors,…
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