What if an employer fails to abide by its own disciplinary process—what’s the harm?

According to a decision from the First Circuit Court of Appeals earlier this year, an employer’s failure to take action in accordance with its own disciplinary process could support a finding of discrimination. Soto-Feliciano v. Villa Cofresi Hotels, Inc., No. 13-2296 (February 20, 2015). Specifically, this failure can support a finding that an employer’s alleged […]

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What if an employee with bipolar disorder is aggressive and disruptive? Does the ADA prevent an employer from firing that employee?

Potentially not, depending on the circumstances, according to a recent case from Eighth Circuit Court of Appeals. Walz v. Ameriprise Financial, Inc., Case No. 14-2495 (March 9, 2015). In this case, the plaintiff Marissa Walz worked for Ameriprise in a job which required good people and communication skills, along with the ability to work well […]

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Watch Out for Age-based Commentary

Is calling an employee “old man” discriminatory? It could be–just yesterday, the EEOC announced that Wal-Mart has agreed to pay $150,000 and provide other relief to a resolve an age and disability lawsuit filed by the EEOC on behalf of an employee. The EEOC charged that Wal-Mart discriminated against the employee by subjecting him to […]

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The stats are in—retaliation continues to top the list of charges filed with the EEOC

On February 4, 2015, the EEOC released its data regarding 2014 charges. In fiscal year 2014, 88,778 charges of workplace discrimination were filed with the EEOC. Apparently, the number of charges filed was actually down a little from recent fiscal years, but the EEOC attributes this, at least in part, to the government shutdown during […]

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New Rule Prohibits Government Contractors from Discriminating Against Employees Based on Sexual Orientation and Gender Identity

On Wednesday, the Department of Labor announced a new rule aimed at protecting those working for government contractors from discrimination based upon their sexual orientation or gender identity. The new rule implements Executive Order 13672, which was signed by President Obama on July 21, 2014.

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District Court Has Jurisdiction over Retaliation Claim Related to Prior Charge, Even Prior Charge that was Untimely

The Fourth Circuit recently ruled that the district court properly ruled that it had jurisdiction over a claim of retaliation in violation of Title VII asserted by an Old Dominion University professor, even though the retaliation claim was not contained within her initial EEOC charge and that charge was, in fact, untimely. Hentosh v. Old […]

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No USERRA Claim Where Vet Terminated Based on Threats Made Against Co-workers

In a recent decision, a judge in the Eastern District of Virginia dismissed the claims asserted by a United States Army veteran with PTSD that his employer had terminated him in violation of both the Uniformed Services Employment and Reemplyoment Rights Act (“USERRA”) and the Americans with Disabilities Act (“ADA”). Williamson v. Bon Secours Richmond […]

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Summary Judgment Granted to Plaintiff Claiming FBI’s Gender-Based Push-up Requirements in Violation of Title VII

Is it discrimination for the FBI to require its male trainees to perform 30 push-ups while only requiring 14 push-ups from its female trainees in a physical fitness test? In June, a federal court in the Eastern District of Virginia ruled that it was. Bauer v. Holder, Case No. 1:13-cv-93 (E.D.Va. June 10, 2014). A […]

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Policy Allowing No More Than Six Months’ Sick Leave Does Not Violate Rehabilitation Act

The Tenth Circuit was recently faced with the question of whether a university’s inflexible policy disallowing sick leave longer than six months violated the Rehabilitation Act. Rejecting the claims of the plaintiff, an assistant professor who sought more than six months leave after being diagnosed with and beginning treatment for cancer, the Tenth Circuit found […]

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Employer May Be Liable Where Spurned Co-Worker Takes Action to Get Employee Fired

The Supreme Court has previously ruled on the issue of employer liability premised on a finding of negligence in cases involving hostile workplace. But, yet to be addressed by the Supreme Court is whether an employer can face liability when a co-worker (instead of a supervisor) commits a discriminatory act that influences an ultimate employment […]

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