EEOC to Pay One Mmmillion Dollars

By Bill Wright In EEOC v. Global Horizons, Inc. et al., No. CV-11-3045-EFS (E.D. Wash.), the court determined that the EEOC had conducted a shoddy administrative investigation and lacked a factual basis to pursue its theory of joint-employer liability against the defendants. The court invited the defendants to petition for attorney fees. They requested over […]

Curing Cat’s-Paw

By Bill Wright In a Title VII retaliation claim, a plaintiff has to prove protected conduct was the “but-for” cause of the materially adverse action. Can a plaintiff prove “but-for” causation relying on the supposed retaliatory animus of someone other than the decision maker? Yes, but not if the decision-maker acts independently of the so-called […]

Supremes Say Abercrombie Not So Hip

By John Alan Doran The U.S. Supreme Court just issued its much-awaited religious discrimination decision in EEOC v. Abercrombie & Fitch, 575 U.S. ___ (June 1, 2015) (No. 14-86). Samantha Elauf applied for a job with A&F and was denied the job because she wears a headscarf or “hijab” as part of her faith. A&F […]

Pregnancy Not So Favored

By Bryan Stillwagon Are pregnant employees entitled to workplace accommodations under Title VII? Does it matter whether you offer light duty work to employees injured on the job? The Supreme Court has ruled on Young v. UPS and we still don’t know. Young v. UPS, Inc., No. 12-1226 (Mar. 25, 2015). In this case, the […]

Others’ Sex On Your Desk Is Not Discriminatory

By Bill Wright Members of the night crew were using an employee’s desk for sex. The desk was selected because it was in an office equipped with a curtain and a locking door. The employee who used the desk during the days eventually learned of the night crew use. When she complained, she was told […]

EEOC’s Attempt to Revisit Undue Hardship Defense Rejected

By Heather Vickles Last year, we reported on EEOC v. JBS USA, LLC No. 8:10CV318 (D. NE.). (Click here to read both blog posts.) The case includes the EEOC’s pattern or practice claim that JBS failed to accommodate its Muslim employees’ religious practices at its Grand Island, Nebraska beef processing plant. Last May, after a ten-day […]

New Math. Old Math. Any Old Math Will Do.

By John Alan Doran The Ninth Circuit Court of Appeals just struck down a trial court’s award of $300,000 in punitive damages in a sexual harassment case yesterday. State of Arizona and Angela Aguilar v. ASARCO. This was a sexual harassment lawsuit brought on behalf of former ASARCO employee, Angela Aguilar. The case went to […]