Title VII

Can a Temp From a Staffing Company Bring a Title VII Claim Against You?

Posted on December 30, 2015
Posted in Title VII

the situation You engage a temporary staffing company to provide you with some temporary laborers to help during a particularly busy time period. Under the arrangement with the staffing company, you pay the staffing company only and they pay the temps. You are not responsible for setting the pay rate, paying the taxes, or getting […]

READ MORE

Differing Discipline for Facebook Comments May be Discrimination

Posted on October 2, 2015

In today’s digital culture, employers are well advised to have social media policies which hopefully prevent employees from posting things that reflect poorly on the employer. But the question of how to apply some of these policies is unfamiliar territory. For example, how do you determine what kinds of comments warrant discipline? And how do […]

READ MORE

Stray Remarks by De Facto Decisionmaker Support Discrimination Claim

Posted on July 31, 2015

When is an employer liable for “stray” remarks? How connected do the stray remarks need to be to the adverse employment action? Earlier this summer, the Second Circuit reversed a district court’s award of summary judgment to an employer on a discrimination claim involving stray remarks in a denial of tenure case where the remarks […]

READ MORE

EEOC Rules– Sexual Orientation Discrimination Equals Sex Discrimination under Title VII

Posted on July 24, 2015

On July 15, 2015, the EEOC clarified that, at least for claims made against the federal government, all complaints of discrimination based on sexual orientation constitute sex discrimination claims under Title VII. Baldwin v. Foxx, Secretary, Dept. of Transportation, EEOC Appeal No. 0120133080. The case involved David Baldwin, an air traffic controller who filed an […]

READ MORE

Transgender former police officer states a claim under Title VII-but fails to show sufficient evidence of discrimination

Posted on June 18, 2015

Last week, the district court ruled that although discrimination based on transgender status was a cognizable claim under Title VII, the plaintiff had failed to demonstrate that the rejection of her application to be part of a volunteer mounted patrol was discriminatory. Finkle v. Howard County, Maryland, Case No. SAG-13-3236 (D. Md. June 12, 2015).

READ MORE

Shifting explanations result in employer liability in Title VII retaliation claim

Posted on June 12, 2015

So a supervisor offers a couple of different explanations for action taken against an employee—how much does that matter? Maybe quite a bit, according to an opinion issued by Judge Jackson last week. See Mohammed v. Central Driving Mini Storage, Inc., Case No. 2:13cv00469 (E.D. Va. 2015). In this case, the court awarded a former […]

READ MORE

Look out—possibly more hostile work environment claims ahead

Posted on May 15, 2015

Following the recent ruling of the Fourth Circuit after an en banc rehearing, employers may face more claims for hostile work environment. In Boyer-Liberto v. Fountainebleau Corp., No. 13-1473 (4th Cir. May 7, 2015), the Fourth Circuit overturned a prior decision by its own panel and the district court and found that an extremely serious […]

READ MORE

Can the EEOC come after your company without at least trying to resolve the matter?

Posted on May 8, 2015

Not without at least complying with its duty to attempt to conciliate the matter. In a unanimous decision issued last week, the Supreme Court held that courts have the authority to review whether the EEOC has fulfilled its obligations under Title VII to attempt conciliation. Mach Mining, LLC v. EEOC, No, 13-1019 (April 29, 2015). […]

READ MORE

Does an employee have to specifically ask for a religious accommodation?

Posted on March 6, 2015

The United States Supreme Court heard argument this past week on this very issue in the case of EEOC v. Abercrombie & Fitch Stores, Inc., a case appealed from the Tenth Circuit Court of Appeals. Samantha Elauf was a teenager in Tulsa, Oklahoma who applied to work at an Abercrombie & Fitch store in 2008. […]

READ MORE

Punitive Damages Allowed in Title VII Case Even Where Only Nominal Damages Awarded

Posted on January 23, 2015
Posted in Title VII

Title VII allows both compensatory and punitive damages and there is a statutory cap that applies, depending upon the size of the employer ($300,000 in the case of employers with more than 500 employees). 42 U.S.C. § 1981a. In a sexual harassment case before the Ninth Circuit, the question was whether punitive damages are available […]

READ MORE
Lawyer Search