Discrimination

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Is a person a racist if s/he uses racist epithets?  Paula Deen admitted to using the n- word to describe African-Americans many times in her deposition.  On NBC’s "Today" show, she admitted to using the n- word just once in her life.  Ms. Deen is from the South.  Despite what the Supreme Court may say…

It was a busy day for the Supreme Court, yesterday.  The high court decided a second employment case regarding retaliation cases.   Congress amended Title VII in 1991 to add many new facets.  It also added that to show discrimination, a plaintiff needed to show that discrimination was a "motivating factor."  Did that change also…

When is a supervisor not a supervisor?  For purposes of Title VII, the U.S. Supreme Court has answered that question in a 5-4 vote and has imposed a more narrow definition.  See the decision in Vance v. Ball State Univ., No. 11-556 (6/24/13) here. 

The Court found that a person is a "supervisor"…

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…

Lilly Ledbetter sued her employer for pay disparities which had occurred over years.   She worked for Goodyear Tire and Rubber for decades.  She sued based on the Equal Pay Act, a federal statute.  She lost.  The U.S. Supreme Court found that she sued too late.  The statute of limitations required her to sue within…

You would think lawyers would know better.  But, really, often we do not.  Molly DiBianca recounts a story about a senior lawyer she met at a conference of some sort with attendees from all over the country.  Molly hails from Philadeplphia.  By her own account, she has a bit of a Philly accent. 

Yet, some…

In a poorly thought out opinion, Judge Lynnn Hughes of the Southern District of Texas ruled earlier this year that breastfeeding is not related to pregnancy.  See my prior post on this ruling.  A female employee had been fired because she was planning to breastfeed at work.  Women are protected from discrimination based on…

The New England Patriots recently cut Defensive Tackle Kyle Love.  They cut him two weeks after his diagnosis with Type 2 Diabetes.  As Jon Hyman points out at Ohio Employer’s Law Blog, that cut probably violates the Americans with Disabilities Act.  The Patriots explained they cut him over concern for his "recovery time."  See Jon’s…

Many times an employer’s stated reasons for an unlawful discharge will change over time.  The first occasion an employer offers its reasons is when it fires the employee.  But, often, a supervisor will not provide any reasons at the termination.  Or, there may not be an actual face-to-face meeting when the employee is terminated. The…