We posted in October 2015 about the EEOC filing suit against Coca-Cola Bottling of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The
complaint alleged that in June 2010 Martina Owes applied for two vacant warehouse positions but was not selected. She complained in her August 2010 EEOC
charge that the
Anne Knox Averitt
Anne Knox Averitt is a labor and employment and litigation partner in the Birmingham office. She represents governmental and corporate clients in a number of industries, including automotive, natural resources, manufacturing, health care, non-profit, employee staffing, housing compliance, communications, federal contracting, construction, and financial services. She has helped to obtain favorable resolution for matters at all stages, from dismissal on the initial pleadings to a defense jury verdict.
Equal Pay for Equal Play? A Refresher on Wage Discrimination in Light of the Women’s Soccer Team’s EEOC Charge
Last week, five members of the United States women’s soccer team (the “Claimants”) filed an Equal Employment Opportunity Commission (EEOC) charge against their employer, the United States Soccer Federation (USSF) claiming wage discrimination under Title VII and the Equal Pay Act.
The Claimants contend that, because of their sex, USSF pays them nearly four times…
What Tips the Scale? Obesity as a Perceived Disability Under the ADA
Employers often call with questions about the Americans with Disabilities Act (ADA) as they navigate when and how to make reasonable accommodations for employees with known disabilities. Most are generally familiar with the ADA’s prohibition of discrimination against a “qualified individual”—an individual who can perform the essential functions of the position with or without a…
A Friendly Reminder from the EEOC—Don’t Toss Your Unselected Candidates’ Applications Just Yet
The EEOC recently filed suit against Coca-Cola Bottling Company of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The complaint alleges that Martina Owes applied in June 2010 for two vacant warehouse positions but was not selected. She complained in her August 2010 EEOC charge that the company hired less…
What the Supreme Court’s Same-Sex Marriage Ruling Means for Employers
On Friday, the Supreme Court of the United States issued its long-awaited opinion in the Obergefell case, striking down bans on same-sex marriage as unconstitutional and legalizing same-sex marriage in every state. We posted earlier this year that a federal district court struck down Alabama’s same-sex marriage ban as unconstitutional, after which counties began issuing…
Fourth Circuit Orders Class Certification for African-American Steelworkers—Again
For the second time, the Fourth Circuit has determined that African-American employees at a South Carolina steel plant are entitled to Rule 23 class certification. In Brown v. Nucor Corporation and Nucor Steel-Berkeley, Plaintiffs originally sought class certification for alleged discriminatory job promotion practices and a racially hostile work environment in their suit against…
What Employers Can Learn from Ellen Pao v. Kleiner Perkins
Kleiner Perkins emerged victorious last week in their former employee Ellen Pao’s heavily publicized sex discrimination lawsuit when the jury handed down a defense verdict after days of deliberation. Pao filed suit in Superior Court in California, alleging Kleiner failed to promote her to general partner because of her gender, failed to prevent gender discrimination,…
Alabama’s New “I Do”: Same-Sex Marriage, the FMLA, and Employee Benefit Considerations
Alabama probate judges began issuing marriage licenses and presiding over ceremonies for same-sex couples a few days ago. The landmark occasion follows a recent ruling out of the Southern District of Alabama that struck down the state’s ban on same-sex marriage. On Monday morning, February 9, just before the first “I do’s” were said across…
Slumbering Cop Takes Home Million-Dollar Jury Verdict Based on ADA Claim
The City of McPherson, Kansas was recently hit for almost $1 million in damages when a jury sided with a plaintiff police officer who claimed he was wrongfully terminated for falling asleep on duty. Matthew Michaels, who worked as a McPherson police officer for almost a decade, alleged the city violated his civil rights under…
Former College Athlete Claiming Temporary Employee Status Sues NCAA Because She Wasn’t Paid Minimum Wage
A former soccer player from the University of Houston, Samantha Sackos, has filed a putative class action in the Southern District of Indiana against the National Collegiate Athletic Association (NCAA) and all NCAA Division I schools, asserting that student athletes are temporary employees owed minimum wage under the Fair Labor Standards Act (FLSA). On behalf…