Tag: vii

Maryland Federal District Court’s Dismissal of EEOC v. Freeman Provides Guidance for Employers on Background Check Rules

As we’ve blogged about before, the EEOC has become more aggressive over the past few years in scrutinizing employer use of criminal background and credit checks.  While federal anti-discrimination laws do not expressly prohibit employers from performing background checks or similar screening methods on employees or applicants, their use can be unlawful where the practice … Continue Reading

Part 1 of 2: The U.S. Supreme Court Issues Two Employer-Friendly Opinions On Title VII In Vance v. Ball State Univ. and Univ. of Tex. Southwestern Medical Center v. Nassar

On one day recently, the U.S. Supreme Court issued employer-friendly opinions in two separate and long-awaited cases interpreting Title VII of the Civil Rights Act of 1964 (known simply as “Title VII”), the primary federal employment discrimination statute.  While both cases change little about what employers should be doing day-to-day to prevent unlawful discrimination in … Continue Reading

Washington Appeals Court Holds No Religious Accommodation Required Under WLAD

In Short v. Battle Ground School District, Division II of the Washington Court of Appeals held last week that Washington’s Law Against Discrimination, which makes it unlawful for employers to discharge employees because of creed, does not require employers to accommodate employees’ religious beliefs. Julie Short, a devout Christian, was employed as an assistant to … Continue Reading

Legal Update: Transgender Employees Protected Under Title VII

On Friday, April 20, 2012, the EEOC issued a landmark ruling that intentional discrimination against a transgender individual is discrimination “based on … sex” and thus violates Title VII. Prior to this ruling, the EEOC generally declined to pursue discrimination claims that arose from transgender status or gender identity issues. What does this mean for … Continue Reading

Obama Jobs Bill Proposes To Ban Discrimination Against Unemployed

As almost everyone knows, last week President Obama presented a $447 billion jobs bill, called the American Jobs Act, to a joint session of Congress full of proposals designed to stimulate the lagging U.S. economy.  What many people probably don’t know is that, tucked into the bill, is a provision that would make it unlawful … Continue Reading

Supreme Court Lets Stand Ruling Allowing EEOC to Issue Subpoenas After Right-To-Sue

Yesterday the U.S. Supreme Court declined to review a Ninth Circuit Court of Appeals decision that allows the Equal Employment Opportunity Commission (EEOC) to continue investigating allegations of employment discrimination, and even to issue subpoenas to employers, after issuing a right-to-sue letter to the employee who filed the initial complaint.  Click here to read the Ninth Circuit decision in … Continue Reading

Oregon Religious Accommodation Bill Becomes Law

Last week Oregon Governor Ted Kulongoski signed Senate Bill 786, which will require employers to more extensively accommodate employees’ religious practices and observation.  The bill passed both the Oregon House and Senate by wide margins earlier this Spring.  The new law will take effect January 1, 2010. Oregon law already prohibits discrimination based on an employee’s religion.  Senate Bill … Continue Reading

Employment Non-Discrimination Act: Is This the Year?

Just in time for Pride Month, Representative Barney Frank (D-MA) introduced the Employment Non-Discrimination Act of 2009 (ENDA) earlier this week. If passed, ENDA would prohibit employment discrimination on the basis of sexual orientation or gender identity.  It would also prohibit employers retaliation against employees who oppose such discrimination who participate in any investigation or  proceeding under ENDA. … Continue Reading

Supreme Court Tightens Standards for Age Discrimination Plaintiffs

Yesterday the United States Supreme Court ruled 5-4 that trial courts may not use a "mixed motive" framework in federal age discrimination cases.  Rather, plaintiffs in age discrimination cases must prove that "but for" their age, they would not have been discriminated against.  Click here to read the Court’s decision in Gross v. FBL Financial Services.  Under a 1991 … Continue Reading

Supreme Court Broadens Scope of Title VII’s Anti-Retaliation Protections

The U.S. Supreme Court issued an important decision yesterday, clarifying that employees who report discrimination in response to an employer’s internal investigation are protected by the anti-retaliation provisions of Title VII.  Click here to download the case:  Crawford v. Metropolitan Government of Nashville.  In Crawford, the plaintiff was interviewed as part of her employer’s investigation into another … Continue Reading

U.S. Supreme Court to Hear Six L&E Cases This Term

The U.S. Supreme Court opened its 2008-2009 term on October 6 with six labor and employment law cases on its docket.  (For docket information and questions presented, click on the name of the case).  Locke v. Karass:  may a public employee union may charge nonmembers for representational costs for litigation expenses incurred by the international union on … Continue Reading

Supreme Court Accepts Review of AT&T Retirement Benefits Case

Earlier this week, the U.S. Supreme Court agreed to consider whether employers may be liable under Title VII for not giving female employees full credit for pregnancy leaves in calculating retirement benefits.  AT&T Corp. v. Hulteen, U.S., No. 07-543. The Ninth Circuit ruled last August that AT&T violated Title VII by calculating the female plaintiffs’ retirement … Continue Reading
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