Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex, color, religion, race, and national (ethnic) origin. Other statutes prohibit discrimination based on age and disability. But, the statute does not apply to all businesses. An employer must have 15 or more employees for Title VII to apply. For the Age
Pro Se Case is Quickly Dismissed
It is difficult to find a lawyer who specializes in employment law and who represents employees. Most employment lawyers represent the employer and are not willing to represent employees. The typical plaintiff starts out talking to Personal Injury lawyers, because PI lawyers advertise. So, many times, the employment plaintiff must file his/her own case pro
Fifth Circuit Reverses Summary Judgment
In a per curiam decision, the Fifth Circuit reversed summary judgment for the employer. In Stennett v. Tupelo Public School District, No. 13-60783 (5th Cir. 7/30/2015), Ms. Stennett argued she was more qualified than the persons chosen for various district jobs. Ms. Stennett had formerly worked for the Tupelo Public School District for some
Fifth Circuit Clears up “Mess” Regarding Stray Remarks
There are some theories of law that some courts and most defense lawyers rely on to undermine otherwise good discrimination cases. One of those theories is the “stray remarks” doctrine. In general, the stray remarks doctrine holds that some remarks by management are so remote from the adverse personnel action that they are not relevant.
Eleventh Circuit Reverses Summary Judgment
The Eleventh Circuit helps shed some light on the effects of the ADA Amendments Act, effective in 2009. In Mazzeo v. Color Resolutions International, LLC, No. 12-10250, 2014 WL 12740470 (11th Cir. 3/31/14), Anthony Mazzeo suffered a herniated disc and torn ligaments in his back at the age of 46. He worked as a sales
Mandatory Retirement Policies Violate the ADEA
Mandatory retirement plans based on age are generally prohibited under the Age Discriminaiton in Employment Act. But, the ADEA, like Title VII of the Civil Rights Act covers employees, not business owners – including partners. True partners, those who manage and control a business, are not covered by the ADEA. Burke v. Freedman
Fifth Circuit Recognizes Hostile Work Environment Claims Under the ADEA
The Fifth Circuit has recognized that a hostile work environment claim can exist under the Age Discrimination in Employment Act. The Fifth Circuit has never reached such a conclusion before now. In Dediol v. Best Chevrolet, Inc., the Federal appellate court reversed a grant of summary judgment in favor of the employer.
The Court
Older Worker Benefit Protection Act Meets a Need
The Older Workers’ Benefit Protection Act (OWBPA) was passed in 1990 as an amendment to the Age Discrimination in Employment Act. The OWBPA provides that for an older worker to sign a binding waiver of claims, the employer must include a provision that the worker has 21 days in which to sign the waiver and 7
State Workers Lack Wage Protections
State workers have it rough. Yea, they have more job security than many private employees. But, if they are not paid in accordance with the Fair Labor Standards Act, they cannot file suit against their employer. That was the result of the 1999 decision in Alden v. Maine. They also cannot sue their employer