National Origin Discrimination
Is a No-Spanish Policy Discriminatory?
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?…READ MORE
What Exactly is National Origin Discrimination?
The Situation: National origin discrimination can be a bit tricky for employers-what exactly does it mean? Does it just have to do with the country in which one was born? What about people that share a language or culture, but not necessarily a country of origin? And how does race come into play?…READ MORE
Eleventh Circuit Reverses Summary Judgment Ruling in Discrimination Case—Reminding District Court that in Status-based Discrimination Claims, But-for Causation Not Required
This week, the Eleventh Circuit issued a ruling in Barthelus v. G4S Government Solutions, Inc., No. 13-14121 (May 27, 2014), reversing the district court’s award of summary judgment to an employer and finding that there was a material issue of fact regarding whether the employers’ grounds for termination were merely pretext. In so ruling, the Eleventh Circuit pointed out that the claims of the plaintiff were in the “status-based category of discrimination,” and thus the employee was not required to show that the causal link between the injury and wrong was so close that the injury would not have occurred but for the act. Instead, the plaintiff must only show that the motive to discriminate was one of the motives, even if accompanied by other, lawful motives. Barthelus, p. 16.…READ MORE