Recent Blog Posts
Federal Court Rules That A Reasonable Jury Could Find That State Court Judge Subjected Employee To Sexual Harassment
A common myth associated with sexual harassment is that individuals who engage in sexual harassment in the workplace are almost exclusively low-level hourly employees. In perpetuating this self-serving myth, companies endeavor to portray themselves as helpless victims of behavior by employees they are unable to control. Having represented sexual harassment victims for more than… Read More »
Proving Retaliation When The Subject Of A Sexual Harassment Complaint Targets The Victim For Termination
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from retaliating against employees for opposing any practice made an unlawful employment practice under Title VII. Under long standing law, an employee who makes an internal complaint of sexual harassment is protected from retaliation by Title VII. Having represented employees victimized… Read More »
Are Employees Protected From Retaliation When Complaining About Sex Discrimination In Pay?
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination in compensation against employees on the basis of sex. Title VII also protects employees from retaliation for complaining about sex discrimination in compensation. The U.S. Eighth Circuit Court of Appeals decision in Donathan v. Oakley Grain, Inc., No. 15-3508 (8th Cir…. Read More »
Age Discrimination In A Reduction In Force: Is Replacing An Older Employee Evidence Of Age Discrimination?
The Age Discrimination in Employment Act (ADEA) protects employees from discrimination on the basis of age. As the U.S. Seventh Circuit Court of Appeals observed in Graefenhain v. Pabst Brewing Co., 827 F.2d 13 (7th Cir. 1987), the U.S. Congress enacted the ADEA “because many employers or younger business executives act as if they… Read More »
Settlement Reached in Case of Terminated Mascot
The man known for playing Stanley C. Panther, the mascot of Florida’s National Hockey League team the Panthers, has reached a settlement of his discrimination and wrongful termination claims against the team. Raphael Estevez claimed that he was illegally discriminated against after taking leave due to severe depression, and also sought pay for hundreds… Read More »
When A Sexual Harassment Victim Makes A Complaint Employers Must Take Remedial Action
In Fuller v. City of Oakland, Cal., 47 F.3d 1522 (9th Cir. 1995), the U.S. Ninth Circuit Court of Appeals explained that “[o]nce an employer knows or should know of [sexual] harassment, a remedial obligation kicks in” and “[t]hat obligation will not be discharged until action—prompt, effective action—has been taken.” The remedial action taken… Read More »
Court Finds Employer’s Identifying & Then Eliminating Allegedly Biased Employee As A Decision-Maker Gets Age Discrimination Case To A Jury
In the employment discrimination context, courts have broadly defined a decision-maker as an individual who was involved in or participated in the challenged employment decision. Thus, a decision-maker for an employment decision is not limited to the individual who “pulled the trigger” or ultimately made the decision. Courts have held that an impermissible bias… Read More »
Court Finds Evidence Of Race Discrimination Where Employer Fires Employees Of A Different Race For Fighting & Then Reinstates Only One Employee
Title VII of the Civil Rights Act of 1964 (Title VII) protects employees from discrimination on the basis of race. In enacting Title VII, as the U.S. Supreme Court observed in Meritor Savings Bank, FSM v. Vinson, 477 U.S. 57 (1986), the U.S. Congress intended “to strike at the entire spectrum of disparate treatment”… Read More »
Court Finds That Supervisor’s Use Of A Racial Slur On A Single Occasion Can Create A Racial Hostile Work Environment
Title VII of the Civil Rights Act of 1964 (Title VII) and 42 U.S.C. § 1981 (§ 1981) protect employees from discrimination on the basis of race. Discrimination cases under Title VII and § 1981 are analyzed under the same standards. Racial harassment is a form of race discrimination prohibited by Title VII and… Read More »
Attempting To Flip The Script: When An Employer’s Investigation Targets Employee Complaining About Discrimination
Title VII of the Civil Rights Act of 1964 (Title VII) protects employees against retaliation for opposing any practice made an unlawful employment practice under Title VII. Under well-established law, an employee who makes an internal complaint of race discrimination is protected from retaliation by Title VII. Generally, employers respond to the victim’s race… Read More »
