Recent Blog Posts
Can An Employer Maintain A Policy Of Allowing Customers To Select Servers On The Basis Of Race?
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits racial discrimination by an employer against any individual with respect to his or her compensation, terms, conditions, or privileges of employment. Under well-established law, racial harassment is a form of race discrimination prohibited by Title VII. Consequently, employers have an obligation to… Read More »
Can An Employer Refuse To Hire An Employee Because She Might Become Pregnant?
The Pregnancy Discrimination Act of 1978 (PDA) protects women from discrimination on the basis of pregnancy, childbirth, or related medical conditions. The PDA does not simply prohibit an employer from discriminating against a woman because of her current pregnancy. Rather, as the U.S. Supreme Court ruled in International Union, UAW v. Johnson Controls, Inc.,… Read More »
Are Employees Protected From Retaliation When A Parent Makes A Sexual Harassment Complaint On Their Behalf?
Under Title VII of the Civil Rights Act of 1964 (Title VII), employees are protected from sexually harassing behavior that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create a hostile work environment. In order to protect employees from sexual harassment and enable employers to prevent sexual harassment,… Read More »
Employee Claims Age Discrimination Where Supervisor Who Fired Him Said He Needed To Retire
Under the Age Discrimination in Employment Act (ADEA), an employer may not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of such individual’s age. As explained by the U.S. Supreme Court in Hazen Paper Co. v. Biggins, 507 U.S. 613 (1993), “Congress’ promulgation of… Read More »
Must An Employee’s Work Environment Reach The Point Of “Hellishness” To Create A Hostile Work Environment?
Under Title VII of the Civil Rights Act of 1964 (Title VII), employees are protected from discrimination on the basis of sex. Sexual harassment is a form of sex discrimination in violation of Title VII. In Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57 (1986), the U.S. Supreme Court held that sexual harassment… Read More »
Federal Appellate Court Revives Florida Woman’s FMLA Lawsuit
After a trial court granted summary judgment in favor of her employer, a federal appellate court revived the claims of a Florida woman for alleged violation of the Family and Medical Leave Act (FMLA). Read on to learn about the case and the necessary elements of a successful FMLA retaliation claim, and contact an… Read More »
Does Federal Law Prohibit Employment Agencies From Engaging In Discriminatory Advertising?
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against employees on the basis of race, color, national origin, sex, or religion. As explained by the U.S. Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), Congress passed Title VII “to ensure equality of employment… Read More »
Can The Timing Of An Employer’s Investigation Show Retaliation For Exercising Family Medical Leave Act Rights?
The Family Medical Leave Act (FMLA), which is federal law, entitles eligible employees up to 12 weeks of leave during any 12-month period because of the birth of a child or because of their own serious health condition. As observed by the U.S. Fifth Circuit Court of Appeals in Satterfield v. Wal-Mart Stores, Inc.,… Read More »
Are Sexual Harassment Victims Protected From Retaliation When They Refuse To Work With A Sexual Harasser?
Under Title VII of the Civil Rights Act of 1964 (Title VII), employees are protected from sexual harassment in the workplace. As explained by the U.S. Supreme Court in Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 67 (1986), employees are not required to “run a gauntlet of sexual abuse in return for the… Read More »
Must An Employer Take Remedial Action To Prevent Recurrence Of Racial Harassment?
In Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 67 (1986), the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 (Title VII) “affords employees the right to work in an environment free from discriminatory intimidation, ridicule, and insult.” In applying this principle, courts have consistently held that Title… Read More »
