Recent Blog Posts
Whether Age-Related Remarks Are Offensive Is For The Jury To Decide
Age-related remarks by supervisors or managers are often the most compelling evidence establishing that an employment decision was motivated by an employee’s age. The evidentiary value of age-related remarks is heighted when they are made by a person involved in the challenged employment decision. Nonetheless, some courts attempt to characterize age-related remarks in the… Read More »
Can Remarks Made After An Employee’s Termination Be Used To Show A Discriminatory Discharge?
In the context of employment discrimination law, courts have consistently held that evidence establishing that an employer’s asserted reason for the challenged employment decision is false creates an inference that the employer might be covering up a discriminatory motive. In fact, courts have determined that a jury is permitted to infer a discriminatory motive… Read More »
Are Employees Born In The U.S. Protected Against National Origin Discrimination?
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of national origin. Unfortunately, Title VII does not define the term “national origin.” However, the U.S. Supreme Court in Espinoza v. Farah Manufacturing Company., Inc., 414 U.S. 86 (1973) defined national origin as the “country where… Read More »
Employers Are Strictly Liable For Sexual Harassment By High-Level Managers
In the landmark cases of Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), the U.S. Supreme Court addressed the issue of an employer’s liability for sexual harassment by a supervisor. In Faragher and Ellerth, the Court held that that an employer is… Read More »
Must Employers Accommodate Pregnant Employees By Giving Them Light Duty Work?
While continuing to work after becoming pregnant, many women will confront circumstances where they are unable to perform the essential functions of their position because of the pregnancy or pregnancy-related medical conditions. For example, a doctor may tell a pregnant employee that she should not to lift more than twenty pounds or she should… Read More »
Can An Employer’s Failure To Follow Its Progressive Discipline Policy Give Rise To A Discrimination Case?
A common myth in employment discrimination law is that an employee must show that the employer’s reason for the challenged employment decision was a lie, had no basis in fact, or was conjured up out of thin air in order to prevail. Although this type of evidence can be used to prove a discrimination… Read More »
Can An Employer Discriminate Against Employees By Giving Them More Burdensome Work Duties?
As part of establishing a prima facie of discrimination, an employee must show that he or she was subjected to an adverse employment action. Courts generally define an adverse employment action as one that materially affects the compensation, terms, conditions, or privileges of the employee’s employment. In most cases, an adverse employment action involves… Read More »
Florida Court Makes One of the Largest Workplace Harassment Payouts in History
After years of harassing conduct directed at the female guards of a local federal lockup, a Florida judge has authorized a $20 million settlement to compensate the women for their nightmarish experience. The female employees of the Coleman Federal Correction Complex in Florida filed a class-action complaint against the management of the facility for… Read More »
Does Unwanted Romantic Interest Constitute Sexual Harassment?
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination on the basis of sex, which includes sexual harassment in the form of a hostile work environment. Title VII protects men as well as women from discrimination because of sex, including sexual harassment. Generally, sexual harassment involves verbal or physical behavior… Read More »
Federal Court In Pennsylvania Holds That Title VII Prohibits Discrimination On The Basis Of Sexual Orientation
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against employees on the basis of sex. Since Title VII was enacted, courts have held virtually without exception that Title VII does not prohibit discrimination on the basis of sexual orientation. These courts have almost uniformly reasoned that Title… Read More »
