Tag Archives: Title VII

Class Action Waivers: Will The Supreme Court Successfully Realign The Litigation Galaxy?

Finally. The wait is almost over. The U.S. Supreme Court will decide whether an employer may enforce a mandatory arbitration agreement that contains a class action or collective action waiver. Last Friday, the Supreme Court agreed to hear 3 cases stemming from the NLRB’s 2012 decision in D.R. Horton, in which the NLRB held that … Continue Reading

Top Takeaways from our 26th Annual Labor & Employment Law Seminar

With over 400 attendees from more than 200 employers, our 26th Annual Labor & Employment Law Seminar was a huge success! Thank you for allowing us to keep you “on Track”. For the first time this year, following our morning sessions, attendees were able to choose from our “high-speed” track designed for experienced HR professionals or our “Hop … Continue Reading

Employees Behaving Badly II: Did He Really Say That?

I am not a fan of reality TV. However, in this reality TV election season, it is hard to tear my eyes (and ears) away from the barbs being exchanged primarily between the Republican candidates. Whether you support him or not, you have to admit that Donald Trump says things that make people cringe. From an HR … Continue Reading

My Top Ten Ways to Avoid Being Sued in 2016

I love this time of year. For some magical reason, everyone’s mood changes and smiles appear. Perhaps it’s their pending vacation or the chance to spend quality time with friends and family. So, in the spirit of the holidays, here is my gift to all our readers.   Drum rolls please . . .  TEN WAYS TO AVOID GETTING … Continue Reading

Why Kentucky Clerk Kim Davis Wasn’t Fired

For the past several weeks, the country has been enthralled by the controversy surrounding Rowan County, Kentucky Clerk Kim Davis, who spent five days in jail after she refused to comply with a federal court’s directive to issue marriage licenses to same-sex couples. Davis, an Apostolic Christian, says that issuing marriage licenses to same-sex couples … Continue Reading

Who Needs Congress When We Have The EEOC?

Legislative efforts have failed repeatedly at the federal level to add “sexual orientation” and “gender identity” to the list of protected classifications under anti-discrimination laws. That has not deterred the EEOC in its quest to protect the LGBT community from employment discrimination. On the heels of the Supreme Court’s historic decision in Obergefell on June … Continue Reading

OMG! Your Policy Says What?

Title VII, through the Pregnancy Discrimination Act (PDA), has expressly prohibited pregnancy discrimination since 1978. Thirteen years later, the Supreme Court, in Johnson Controls, told us that even well-intentioned, but facially discriminatory, gender and pregnancy based employment policies — like Johnson Control’s policy of prohibiting fertile women from working on a battery line because of … Continue Reading

Delivering A New Florida Law: Pregnancy

Two hours at the gym, a full face of make-up and your best feel-good outfit: that’s how many a girls’ night out begins. But this one ended abruptly when a young woman claims she was turned away from a bar whose owner thought she was pregnant. Last month, a local Jacksonville, Florida news channel aired … Continue Reading

Proving Emotional Harm: Using One’s “Head”

Stress. Anxiety. Paranoia. Anger. Fear. Depression. Angst. These are the types of words you would expect to hear from a plaintiff seeking compensatory damages (damages for alleged pain and suffering) in a discrimination or harassment case. How does a plaintiff prove the existence of pain and suffering? Often times, a plaintiff simply takes the stand … Continue Reading

6 Words That Cost An NBA Star $25,000

Another sports blunder creates another blogging opportunity. In the 3rd quarter of the Los Angeles Clippers/Cleveland Cavaliers NBA game last Thursday night, the Clippers’ All-Star guard, Chris Paul, received a technical foul after he questioned a rookie referee. The referee happened to be a female, Lauren Holtkamp. Do you see where this is headed? In … Continue Reading

EEOC Decides to Peel the “Onionhead” on Religious Discrimination

Why would an employer force its employees to tell each other “I love you” or require employees to “thank God for their employment”? According to a lawsuit filed by the EEOC in New York federal court, the owners of United Health Programs of America and Cost Containment Group subscribe to the belief system of “Harnessing … Continue Reading

Gender Identity/Transgender Discrimination: A New Federal Enforcement Priority

Title VII does not protect against sexual orientation discrimination (though many state and local laws do). The battle to amend this most prominent of employment laws to protect sexual orientation has been waged for years, unsuccessfully. Yet, seemingly overnight, issues of gender identity or transgender discrimination have leapfrogged to the forefront of the federal enforcement … Continue Reading

With Hiring On The Rise, Employers Should Review And Update Old Job Applications

Earlier this month, the U.S. Bureau of Labor Statistics reported that the unemployment rate dropped to 5.9 percent, the lowest it’s been since July 2008, and employers added 248,000 new jobs to their payrolls. Given the uptick in hiring, it is a good time for employers to review their job applications. The specific purpose of … Continue Reading

Mandatory Arbitration Agreement Designed to Avoid Court is Now The Source of an EEOC Lawsuit

Mandatory arbitration agreements can reduce litigation. However, for at least one large employer, the arbitration agreement itself has created litigation. Last week, the EEOC sued restaurant franchise operator, Doherty Enterprises, Inc. claiming that the company’s practice of requiring employees to sign a mandatory arbitration agreement violates Title VII. Doherty operates Applebee’s restaurants in New York, … Continue Reading

Religious Discrimination: The Balance Between Protecting Customer Relations and Making Employee Accommodations

A bank teller in Kentucky recently sued her employer claiming that she was fired from her job for telling every customer she met to “have a blessed day.” She was just being polite, right? Well, the bank alleges that several customers were offended by the teller’s comment. The teller also allegedly confronted a customer asking “Did … Continue Reading

A Busy Week at the Supreme Court – Three Important Decisions for Employers

In the past few days, the United States Supreme Court has issued three decisions that significantly impact employment law. We offer a brief summary of the Court’s decisions and how they impact employers. American Express v. Italian Colors. The case was not an employment law case and dealt with the less-than-sexy issue of arbitration clauses. … Continue Reading

EEOC Says Transgendered Workers Are Protected From Discrimination Under Title VII

As we blogged about in December, the federal Eleventh Circuit Court of Appeals (which covers Florida, Georgia and Alabama) recently found that transgendered employees are protected against job discrimination pursuant to the Equal Protection Clause, which only applies to public sector employees.  Whether or not the same protection was available under Title VII, which applies … Continue Reading
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