In most employment lawsuits, the defense has all the pertinent records. So, as one might expect, some defendants resist producing those documents. In Hernandez v. Clearwater Transportation Ltd., No. 18-CV-00319, 2021 WL 148053 (W.D. Tex. 1/15/2021), the defendant objected to several requests seeking information about other employees who were pregnant. The plaintiff herself was
Well, it almost seems like “piling on,” but Donald Trump has made yet another troubling comment about a protected minority. In 2004, he was asked about one of his high level staffers, a woman who became pregnant. The real estate developer commented on Dateline NBC that it was an “inconvenience” when a female employee becomes
A recurring question is what can an interviewer can ask in a job interview. Here are some things to consider…… or not.
1. How old are you? Be very careful about asking this question. There are very few jobs where age is an appropriate question for a job interview. If asked at the wrong time,
Quid pro quo sex discrimination refers to the situation in which a male harasser asks for sexual favors from a female subordinate. The phrase is Latin for “something for something”. That is the situation involved in the lawsuit of Stephanie Cordero against Tom Benson Chevrolet and her former supervisor, Ernesto Davila. But, Ms. Cordero goes
There are so many cases discussing the burden of proof in discrimination cases. It is even more complicated when the plaintiff is alleging mixed motives. Mixed motive cases refers to those cases that have a mix of motives, unlawful and lawful. For example, a plaintiff who alleges she was overlooked for a promotion due to
A San Diego, California jury recently awarded less than one million in compensatory damages and another $185 million in punitive damages to a woman who sued for pregnancy based discrimination. See Workplace Prof blog post. The suit was lodged against AutoZone. Rosario Juarez alleged that she was fired after being told that pregnant women
According to a recent report, pregnant women are denied basic accommodations allowed for persons with disabilities. These pregnant women are forced to quit. Employers in particular deny accommodations to low wage workers who are pregnant. The report by the National Women’s Law Center and A Better Balance cites such examples as a woman at a
In a remarkable decision, U.S. District Judge Lynn Hughes has ruled that lactation, or breast feeding is not related to pregnancy. See Washington Post blog. The EEOC had filed a lawsuit on behalf of Donnicia Venters, a female employee of a debt collection firm in Houston, Texas. The employee had discussed with her employer