By John Melcon In a recently published article, John Melcon (who will be joining Sherman & Howard’s Nonprofit Group later this year) discusses the implications of Bostock decision on religious employers. “The Supreme Court recently ruled in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination on the basis […]
Category: Discrimination
Supreme Court Rules Title VII Protects L.G.B.T.Q. Employees
By Joseph Hunt In a landmark decision on workplace discrimination, the Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation and transgender status. The vote was 6-3, with Justice Gorsuch writing the majority opinion, which was joined by Chief Justice Roberts and Justices Ginsburg, Breyer, […]
Personal Journal May Be Protected Activity
By Alyssa L. Levy In Fischer v. Sentry Ins. A Mutual Co., an employee kept a log of when she felt sexually harassed or discriminated against by her employer. The log went missing shortly before the company fired her. In her retaliation complaint, the employee essentially asked the Court to infer her employer was aware […]
OFCCP Renews Focus on Disabled Individuals, Veterans, and Military Spouses
By Matt Morrison Last week was busy for the Office of Federal Contract Compliance Programs (“OFCCP”), the anti-discrimination watchdog that oversees the nation’s federal contractors and subcontractors. On November 8, OFCCP Director Craig Leen announced that the agency will soon begin selecting contractors for “focused reviews” of their compliance with Section 503 of the Rehabilitation […]
EEOC Weighs In On NLRB Protections For Offensive Statements
By James Korte Recently, the National Labor Relations Board (“NLRB”) invited the public to file amicus briefs regarding the treatment of “profane outbursts and offensive statements of a racial or sexual nature.” Gen. Motors LLC & Charles Robinson, 368 NLRB No. 68 (Sept. 5, 2019). The Equal Employment Opportunity Commission (“EEOC”) accepted the invitation. […]
Policing Gender Stereotyping
By Alyssa Levy A jury awarded a sergeant of the St. Louis County Police $19.9 million for his sexual orientation discrimination and retaliation claims in state court. Keith Wildhaber v. St. Louis County, Missouri, No. 17SL-CC00133 (Mo. Cir. Ct. 21st Cir. October 25, 2019). The plaintiff said the police department passed him over for promotion […]
NLRB Enhances Its View of Property Rights
By Patrick Scully The National Labor Relations Board (“NLRB” or “Board”) has settled a long-brewing controversy over what constitutes “discrimination” with respect to non-employee access to employer property. Twenty years ago, the Board held in Sandusky Mall, 329 NLRB 618 (1999), that an employer discriminates against non-employee union representatives if it bars them from its […]
In a Goldilocks-Esque Decision, the Eleventh Circuit Finds a “Similarly Situated in all Material Respects” to Be Just Right
By Amy Knapp What does it mean within the context of the McDonnell Douglas burden-shifting framework for a plaintiff to show she was treated less favorably than other “similarly situated” individuals? The U.S. Court of Appeals for the Eleventh Circuit has cleared up this oft-debated aspect of a plaintiff’s prima facie burden in Lewis v. […]
Supervisor’s Racial Epithets are “Hellish” Enough
By Chance Hill A defendant-employer won summary judgment on a racially hostile environment claim. The district court reached back to old cases and said the employee-plaintiff had to show the work environment was “hellish” to be actionable. On February 20, 2019, the Seventh Circuit disagreed. The Seventh Circuit rejected the “hellish” standard, stating that a […]
Opening the Door to Discrimination Claims Under the Arizona Medical Marijuana Act
By Lindsay H.S. Hesketh & Matthew A. Hesketh A medical marijuana cardholder and her employer went to court. The employer had a policy prohibiting employees from working under the influence of marijuana and fired the cardholder when her drug test (taken after a workplace accident) showed the presence of marijuana metabolites. The District Court of […]