Discrimination

EEOC Proposes Genetic Discrimination Regulations

Test tubes

The Equal Employment Opportunity Commission has proposed regulations implementing the employment provisions (Title II) of the Genetic Information Nondiscrimination Act of 2008. Read more

Pregnancy Intention Protected; Poor Performance Not Says Federal Court

F grade Although a sales employee who stated her intention “to start a family” or “to have kids” would be protected under the federal Pregnancy Discrimination Act due to her intent to become pregnant, her employer was justified in terminating her because of her poor work performance, an Indiana federal court rules.
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No Gender Identity Discrimination for Obama Team

The transition team for President-elect Barack Obama and Vice President-elect Joe Biden are soliciting applicants for non-career federal jobs, and are committing to non-discrimination on the basis of gender identity or sexual orientation.
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Ninth Circuit Rules Claim Clock Runs from Notice Date

Cable Car Applicants who were not hired because the employer allegedly gave preferential treatment to Asian and Filipino workers from 1999 through 2000, but didn’t learn of it until years later, cannot proceed on their discrimination claim, according to a recent Ninth Circuit decision.
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EEOC Issues New Compliance Manual on Religious Discrimination

The new Compliance Manual on Religious Discrimination provides guidance and instructions for Equal Employment Opportunity Commission investigations and analysis of charges alleging discrimination based on religion. The information in its previous compliance manual on religious discrimination is rendered obsolete.
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Supervisor’s Scrutiny of Workers Not Racially Hostile, Eighth Circuit Says

magnifying glass A black supervisor who “closely scrutinized and criticized” the work of his two white subordinates did not create a racially hostile work environment, the Eighth Circuit rules, affirming a lower court decision.
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Inability to Accommodate Religious Need for Every Sunday Off Must Go to Jury

no workers at work A union worker who was subjected to progressive discipline for missing work on Sunday due to his religious commitments may proceed to trial, a federal district court rules, holding that the company did not show that the “permanent guarantee of every Sunday off” would constitute an undue hardship.
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Abortion Discrimination Prohibited by Pregnancy Law Rules Appeals Court

A female employee who was fired after undergoing a surgical abortion can sue for discrimination under the Pregnancy Discrimination Act, the Third Circuit rules. The decision is a precedent in extending the protections of the PDA to women who elect to terminate their pregnancies.
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Convicted Car Stripper May Not Be Qualified Tow Truck Driver

In an “informal discussion” letter, the Equal Employment Opportunity Commission’s Office of Legal Counsel responds to a query from a convicted auto stripper about employment eligibility in the auto industry after prison release.
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Interracial Relationship Protected by Title VII, Second Circuit Says

Picture of interracial couple The Second Circuit holds for the first time that an employer may violate Title VII if it takes action against an employee because of the employee’s association with a person of another race. Read more

Documentation Failure, Missing Personnel File Warrants Trial on Pregnancy Claim

A company who terminated a pregnant employee because of her “lackluster performance” cannot obtain summary judgment due to its multiple documentation failures and inability to locate the employee’s personnel file, rules the U.S. District Court for Middle District of Florida.
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Family Responsibilities Discrimination Rising Says Law Firm

Lawsuits against employers who discriminate against workers who have caregiving responsibilities are increasing, according to Pepper Hamilton, a multi-practice law firm. Read more

Genetic Discrimination A New Protected Class?

Employers should be cautious about using genetic information in making employment decisions, advises the Pepper Hamilton law firm. Read more

EEOC View of Total Religious Accommodation Rejected by Fourth Circuit

eeoc logo A company which terminated an employee for exceeding his unpaid leave limit due to his religious observances did not discriminate against him because of his religion, the Fourth Circuit rules. Read more

Tests Not Related to Job Can Result in Illegal Discrimination

GeorgeLenard Federal Express learned a hard lesson when it paid $55 million to settle a class-action suit alleging race and national-origin discrimination, says George Lenard, managing partner of Harris Dowell Fisher & Harris, LC. Read more