This year has presented many challenges, including a global health pandemic, wildfires, hurricanes, and social justice unrest, and yet we now face a fast approaching influenza season that is sure to bring on more coughs, sneezes and hiccups. In light of the ongoing health crisis and resulting disruption caused by the COVID-19 pandemic, employers may
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
Supreme Court Rules Title VII Protects LGBT Employees: What You Need to Know (Help Us Help You to Save Time Reading a Short Novel)
This week the U.S. Supreme Court ruled that Title VII — the main federal anti-discrimination law on the books — prohibits discrimination against employees who are lesbian, gay, bisexual, and/or transgender (LGBT). The decision was 6-3, with Justice Neil Gorsuch writing for the majority.
The opinion is just under 120 pages long, with two
“OK, Boomer” – What Amounts to Actionable Age Discrimination?
What does an age discrimination plaintiff have to prove to succeed? Federal employees may have an easier path for proving an age discrimination claim, if we are reading the tea leaves correctly on the Supreme Court’s oral argument in the Babb v. Wilkie case.
Currently, because of the Supreme Court’s Gross v. FBL Financial Services
Exit EEOC? Supreme Court Rules that Charge-Filing Process Is Not Jurisdictional, But It’s Still Important
In a case that garnered big headlines, the Supreme Court weighed in yesterday on whether a claimant’s failure to amend her EEOC charge divests the federal court from hearing part of her Title VII claim. While the decision makes some strong statements about the purpose of an EEOC charge in Title VII litigation, it is
Showdown at Title VII Corral: Supreme Court to Weigh in on Sexual Orientation and Transgender Discrimination
Is discrimination against an employee because of sexual orientation or transgender status a violation of Title VII? The EEOC previously took the position that Title VII covers those statuses but the Trump administration has not followed suit. Accordingly, as of now, it may depend on where you live.
In 2017 and 2018, the Second,
Fifth Circuit Rejects Title VII Transgender Protection, but Grants Summary Judgment on Other Grounds
In Wittmer v. Phillips 66, Judge James Ho of the Fifth Circuit wasted no time stating the Fifth Circuit’s position on whether sexual orientation or transgender status are protected classes under Title VII – they are not. Interestingly, however, the defendant did not even raise that as a defense. In fact, the lower court
The Continuing “Trans-formation” of Title VII: Texas Federal Court Holds Transgender People Have Title VII Protection
A Texas district court recently held, for the first time in the Fifth Circuit, that transgender people are a protected class under Title VII—but the plaintiff still lost her case. In Wittmer v. Phillips 66 Company, the Houston-based federal court relied on recent opinions from the Second and Sixth Circuits to hold that the
Sixth Circuit to Employers: No ‘Magic Words’ Make a Sex Discrimination Complaint Title VII Protected Activity
Employers beware: An employee does not have to use “magic words” to complain about discrimination for it to lay the basis for a retaliation claim. The Sixth Circuit made this point in a unanimous opinion in the case of Mumm v. Charter Township of Superior.
Facts
Susan Mumm complained to her employer, the Township,
Pay the Man! (Or Woman)—But Differently? 11th Circuit Reinstates Sex Discrimination Pay Claim
When you promote someone into a position, do you have to pay him what you paid his predecessor? As with so many things – it depends. Can you pay less if the promotee has less experience and a lower prior salary than the predecessor? Maybe. However, if the new promotee is a female replacing a