Discrimination
Who’s The Boss? Supreme Court Set To Define Who Is A Supervisor In Employment Discrimination Cases
On Monday the U.S. Supreme Court heard argument concerning a seemingly easy question – Who’s is a supervisor? However, the Court’s decision in Vance v. Ball State University is likely to have a significant impact on future employment harassment and discrimination cases. Reports from the courtroom indicate the justices appeared “uncertain” about the best approach for resolving…
Read MorePolicy To Automatically Fire Employees After Using Up Leave Violates ADA
Your employer cannot automatically fire you once you have used up your leave, a U.S. District Court in Colorado has determined. The Equal Employment Opportunity Commission (EEOC) has just settled a $4.85 million lawsuit with the nationwide trucking firm, Interstate Distribution Company, stemming from allegations that the trucking firm automatically fired sick or injured employees…
Read MoreSupreme Court Set To Consider 4 Employment Discrimination Cases
On October 1, the Supreme Court opened its new term with four cases on the docket that may influence employment law and impact employment discrimination cases. As topGeorgia employment lawyers concerned about the employment litigation, the discrimination lawyers at Buckley Bala Wilson Mew LLP will be following these cases closely. The cases to be reviewed…
Read MoreSupreme Court To Help Define Who Is An Employer
In a case that could potentially have far-reaching impact, the U.S. Supreme Court has agreed to accept a case that deals with the question – “who is an employer?” At first glance, this seems like a straightforward question however, it is a complicated inquiry that even courts don’t always agree on. For example – can…
Read MoreBias Doesn’t Have To Be “Sole Reason” For Termination To Bring A Claim For Discrimination
A recent case determined that you may be able to sue for employment discrimination if your race (or gender, or national origin) was a reason for an “adverse” employment action, but not the only reason. In Ponce v. Billington, a Cuban American applicant for a Library of Congress job filed a discrimination lawsuit alleging that he…
Read MoreEEOC Limits Use Of Criminal Background Checks In Employment Decisions
The equal employment opportunity commission (EEOC) has just approved updated enforcement guidance concerning employment discrimination based on individuals’ arrest and conviction records. The EEOC reaffirmed that its illegal for employers to exclude people from employment based on arrest or convictions unless related to the particular job. This means if you believe you have been denied a job…
Read MoreMan With Schizophrenia Can Bring “Regarded As” Claim
Many times work place biases influence how we are treated at work. Fortunately, congress has enacted laws to protect us from many forms of employment discrimination. One of these laws is the Americans with Disabilities Act, which prohibits disability discrimination against qualified individuals. The ADA prohibits your employer from taking adverse action against you because of your disability…
Read MoreTransgender Discrimination Lawsuit Filed
The New York Times reports that a New Jersey man, El’Jai Devoureau – who was born a woman – has filed a ground breaking transgender discrimination lawsuit. At issue is whether he is considered a “man.” Devoureau – a urine monitor at a drug treatment center – was fired because his employer claimed being male was…
Read MorePersonal Knowledge Of Protected Status Not Required For Retaliation Claim
The U.S. Court of Appeals for the Second Circuit recently revived an engineer’s job bias claim, determining that it was error for the trial court to require the jury find “personal knowledge of an alleged protected activity” in order to establish causation in a retaliation claim. The court also explained that it is not necessary for…
Read MoreEmployee Fired after Having an Abortion has Claim for Pregnancy Discrimination
In a case of first impression from the Third Circuit Court of Appeals, Doe v. C.A.R.S. Protection Plus, Inc., the court held that a female employee who was fired less than a week after having an abortion has a claim for discrimination under the Pregnancy Discrimination Act. Plaintiff worked as a graphic designer for a used…
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