Discrimination Law

Could Pre-Employment Strength Testing Equal Discrimination?

Posted on June 20, 2018

the situation Prior to hiring candidates for specific positions with certain physical requirements, an employer requires the candidates to undergo a strength test.  If this ends up weeding out more women than men, could this be discriminatory? the ruling It could be.  CSX Transportation, Inc. just agreed to pay $3.2 million and provide some other […]


Is Calling Someone “Boy” Discriminatory?

Posted on May 30, 2018

the situation A supervisor repeatedly calls an employee “boy,” even after the employee requests that he stop referring to him in that way. After the employee is fired, he claims that he was subjected to discrimination in violation of Title VII.  Can calling him “boy” support such a claim? the ruling It depends on a […]


Is a No-Spanish Policy Discriminatory?

Posted on May 16, 2018

the situation A retail company rolls out a new policy prohibiting employees from speaking Spanish in front of customers.  At one store, a manager takes it a step further and tells employees they are not to speak Spanish at all while on store premises, even if on break.  Does this constitute national origin discrimination? the […]


Can Setting Pay Based on Prior Salary Equal Discrimination?

Posted on April 25, 2018

the situation An employer sets new employees’ salaries partly based on what they were making previously. If this results in a female employee being paid less than a male employee in the same position, does this support a claim of discrimination? the ruling Yes, this could result in liability under the Equal Pay Act, according […]


Can You Stop an Employee from Signing Emails “In Christ”?

Posted on April 11, 2018

the situation An employee for a state agency adds the phrase “In Christ” to his email signature.  The state agency tells him to stop and he eventually loses his job based on his refusal to stop using this phrase in his email valediction.  Can the employee bring a claim of religious discrimination? the ruling Maybe […]


Can Ability to Work Overtime Be an Essential Function of a Job?

Posted on March 21, 2018

the situation An employee’s medical condition prevents him from being able to work overtime.  If the employer terminates him as a result, could this be disability discrimination? the ruling Maybe not.  A federal court in Texas recently granted an employer’s motion for summary judgment in a case involving this issue, finding that overtime was an […]


Does Refusing a Request to Work Remotely Equal Discrimination?

Posted on March 7, 2018

the situation An employee has to be on bed rest for a number of months because of a medical condition.  She requests that you allow her to telecommute.  But because her job duties involve a lot of in person presentations and face to face meetings, you deny this request and require her to take unpaid […]


Can you Fire an Employee for Telling a Customer He is Gay?

Posted on February 28, 2018

the situation An employer terminates an employee after he talks openly about his sexual orientation with a customer.  Could this constitute discrimination under Title VII? the ruling The EEOC has taken the position that Title VII prohibits sexual orientation discrimination. But a number of federal appellate courts have disagreed.  Just yesterday, the Second Circuit ruled […]


Can You Require Employees to Get a Flu Shot?

Posted on February 21, 2018

the situation An employer has a policy requiring all new employees to get a flu shot. After a job offer is extended to a certain applicant, she tells the employer that she has a religious objection to getting a flu shot.  If the employer revokes the job offer, is this discrimination? the ruling It might […]


How Far Do You Have to Go to Accommodate a Religious Belief?

Posted on January 24, 2018

the situation An employee who is normally scheduled to work one Saturday a month tells you that he cannot do so because he is a Seventh Day Adventist (and thus celebrates Sabbath on Saturdays). You tell him he is free to use leave for any Saturdays on which he would otherwise have to work, but […]

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