If you suspend an employee with pay, is that an adverse employment action? Funny you should ask as the Eleventh Circuit issued an opinion this week on this very subject. In this case, a former congressman sued his former employer, Legal Services Alabama, claiming that his suspension with pay during a pending investigation was race-based
Happy Thanksgiving and the Many Things for Which We Are Thankful – 2021 Edition
Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some bright, shining blessings in what has otherwise been another difficult year. We are grateful
Another Type of COVID Long Haul—Future Discrimination Suits?
We’ve been talking a lot about COVID-19 lately and, in particular, the various regulations and guidance that have come out regarding an employer’s day-to-day responsibilities: Can you require employees to take the vaccine? What kinds of medical questions can I ask my employees? Should employees still wear masks? How does COVID-19-related leave work? What do
Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against Non-Romantic Co-Worker
In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a co-worker could not be the basis for his own Title VII claim that he was discriminated due to his sex. The Court
EEOC Locks onto Bostock: New Guidance on Sexual Orientation and Other Gender Issues
You may recall our blog post last summer recapping the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia that held discrimination based on sexual orientation is prohibited by Title VII. After that decision, we encouraged each of you to update your EEO and harassment policies, update your application forms and websites, train your
Surfing the “Interwebs” May Not Be a Public Accommodation Issue Under the ADA, According to 11th Circuit
In a long-awaited opinion, the Eleventh Circuit held that websites are not places of public accommodation for purposes of the Americans with Disabilities Act (ADA). When employers think of the ADA, the first thing that likely comes to mind is that it’s the law that prohibits employment discrimination on the basis of disability. But the
Race and National Origin Discrimination Claims Cover Discrimination Based on All Races or National Origins
Employers seeking to diversify their workforces need to remember that Title VII’s prohibition on class-based discrimination still applies — even if your motives are pure. The EEOC announced that it settled a lawsuit in which it alleged that a company was discriminating in favor of Hispanic job applicants over black, white, and Asian applicants.
The
Less May Actually Mean More: EEOC Stats on 2020 Filings
The EEOC has released its annual report on discrimination charges filed across the country for the fiscal year 2020. So, how does the data line up with the 2019 data (a rundown of which can be seen here)?
Charges Are Down Overall
Yet again, workplace discrimination charges are down – there were 67,448 new
Happy Thanksgiving! 7 Things for Which We Are Thankful – 2020 Edition
Many of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can all find some bright shining blessings in what has otherwise been a
You Fired My Dad! Fifth Circuit Rules Title VII Retaliation Ban Does Not Cover Third-Party Claim
Retaliation claims in employment litigation have been on the rise for years. The typical scenario has an employee reporting some sort of alleged discriminatory act, either against them or a coworker, followed by the employer taking an adverse employment action against the reporting employee. We all know that Title VII prohibits retaliation against an employee