Discrimination Law

Watch Out for Age-based Commentary

Is calling an employee “old man” discriminatory? It could be–just yesterday, the EEOC announced that Wal-Mart has agreed to pay $150,000 and provide other relief to a resolve an age and disability lawsuit filed by the EEOC on behalf of an employee. The EEOC charged that Wal-Mart discriminated against the employee by subjecting him to […]

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New Rule Prohibits Government Contractors from Discriminating Against Employees Based on Sexual Orientation and Gender Identity

On Wednesday, the Department of Labor announced a new rule aimed at protecting those working for government contractors from discrimination based upon their sexual orientation or gender identity. The new rule implements Executive Order 13672, which was signed by President Obama on July 21, 2014.

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Even Extremely Flexible Schedule Accommodation Request Not Unreasonable as a Matter of Law

The United States Court of Appeals for the D.C. Circuit recently reversed the decision of the district court in the case of Solomon v. Vilsack, No. 12-5123 (D.C. Cir. August 15, 2014), a case involving an employee’s request to have significant flexibility in the her working hours as a reasonable accommodation for her disability. The […]

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Ninth Circuit Reverses Summary Judgment on Issue of Whether Policy Prohibiting Male Deputies from Supervising Female Inmates is Discrimination

In a recent decision, the Ninth Circuit found that there were material issues of fact in dispute precluding summary judgment in favor of a county where male deputies claimed a policy prohibiting male deputies from supervising female inmates in the housing units of the jails operated by the County was unlawful sex discrimination in violation […]

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Summary Judgment Granted to Plaintiff Claiming FBI’s Gender-Based Push-up Requirements in Violation of Title VII

Is it discrimination for the FBI to require its male trainees to perform 30 push-ups while only requiring 14 push-ups from its female trainees in a physical fitness test? In June, a federal court in the Eastern District of Virginia ruled that it was. Bauer v. Holder, Case No. 1:13-cv-93 (E.D.Va. June 10, 2014). A […]

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New Guidance from EEOC on Pregnancy Discrimination

Earlier this week, the EEOC issued a Notice titled Enforcement Guidance: Pregnancy Discrimination and Related Issues. The EEOC provides an overview of statutory protections, discussing the Pregnancy Discrimination Act (“PDA”), the Americans with Disabilities Act (“ADA”), and other requirements affecting pregnant workers, including the Family Medical Leave Act (“FMLA”), Executive Order 13152 Prohibiting Discrimination Based […]

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Pregnancy Discrimination Case Settled for $25,000

According to an EEOC press release earlier this week, a property management company in Maryland has agreed to pay $25,000 to settle a pregnancy discrimination lawsuit where the allegations were that the pregnant employee was terminated after she requested to discontinue working with certain cleaning products, but was unable to provide certain documentation from her […]

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Employer May Be Liable Where Spurned Co-Worker Takes Action to Get Employee Fired

The Supreme Court has previously ruled on the issue of employer liability premised on a finding of negligence in cases involving hostile workplace. But, yet to be addressed by the Supreme Court is whether an employer can face liability when a co-worker (instead of a supervisor) commits a discriminatory act that influences an ultimate employment […]

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Classifying Former Employee as a New Hire Can Provide Basis for Retaliation Claim

Recently, Judge Payne of the Eastern District of Virginia ruled that a plaintiff’s claim that he was retaliated against when he was rehired by his employer after engaging in protected activity, but reassigned to a new site forty-seven miles away from his original sites without the supervisory responsibilities he previously held and was classified as […]

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Eleventh Circuit Reverses Summary Judgment Ruling in Discrimination Case—Reminding District Court that in Status-based Discrimination Claims, But-for Causation Not Required

This week, the Eleventh Circuit issued a ruling in Barthelus v. G4S Government Solutions, Inc., No. 13-14121 (May 27, 2014), reversing the district court’s award of summary judgment to an employer and finding that there was a material issue of fact regarding whether the employers’ grounds for termination were merely pretext. In so ruling, the […]

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