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Discrimination / Harassment

9th Circuit: ADEA applies to all governmental agencies, even small ones

08/02/2017
This conclusion is the opposite of that reached by four other circuits. Governmental entities with fewer than 20 employees in the 9th Circuit should seek legal advice to ensure they understand their ADEA obligations.

Transfer can amount to adverse action–but it better be a long way away

08/02/2017
Under some circumstances, making an employee move to a different job location can be viewed as an adverse employment action. However, minor inconveniences don’t cut it.

Snapshot: Disabled employees earn less

08/01/2017
On average, earnings for disabled employees are more than 30% lower than employees without a disability.

DOJ says Title VII doesn’t cover LGBT bias

08/01/2017
On the same day President Trump tweeted that transgender individuals could no longer serve in the armed forces, the U.S. Department of Justice filed a friend-of-the-court brief arguing that federal law does not protect lesbian, gay, bisexual and transgender employees from workplace discrimination.

Cutting out accommodation may be retaliation

07/27/2017
The EEOC has just filed a lawsuit alleging an employer retaliated against an employee for complaining about discrimination by rescinding an existing religious accommodation.

CAIR sues UPS on behalf of Mendota Heights, Minn. Muslims

07/21/2017
Former workers at the UPS facility in Mendota Heights, Minn., are suing the shipping giant and the staffing agency that placed them there, claiming supervisors fired Muslim employees who took prayer breaks.

New trial denied in porn harassment case

07/21/2017
A former employee who previously lost a sexual harassment lawsuit against her employer has now lost a bid for a new trial.

Title VII protects men against sex bias, too

07/20/2017
When it comes to Title VII’s sex discrimination provisions, we usually think of the law protecting women against gender bias. In fact, men can and frequently do complain to the EEOC about so-called reverse sex discrimination.

U.S. Supreme Court concludes term light on employment law

07/19/2017
The U.S. Supreme Court term that ended in June was most defined by the addition of new Associate Justice Neil Gorsuch in April. The High Court had been operating short-handed since February 2016, when Justice Antonin Scalia died. Few of the cases decided affected employment law.

Out-of-state employers can be liable under NYHRL

07/19/2017
Out-of-state entities with the power to dictate a New York employer’s hiring and retention policies take notice: You can be subject to liability under the New York Human Rights Law if you “aid and abet” discrimination against individuals who have a prior criminal conviction, even if you are not the direct employer of those individuals.