Category Archives: Gender Discrimination

Employer’s Religious Beliefs vs. Employee Discriminatory Termination. Who Wins?

14 Thursday Apr 2016

Posted by in EEOC, Employment Law, Gender Discrimination, Religious Discrimination

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Can an Employer’s Religious Belief Defeat a Discriminatory Firing? By Jason Shinn, Michigan Employment Law Advisor

http://bit.ly/1RXE7gy

Can an employer’s religious beliefs defeat an otherwise discriminatory termination? Employers in Michigan may soon have much-needed guidance on this issue based on an employment discrimination case filed by the Equal Employment Opportunity Commission (EEOC) in Federal District Court in Michigan.

Specifically, the EEOC filed a lawsuit against RG & GR Harris Funeral Homes, Inc. In 2013 over its decision to fire a transgender funeral director (EEOC v RG & GR Harris Funeral Homes Complaint).

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Sixth Circuit Takes a Look at Employee’s Age, Race, and Sex Discrimination Claim.

27 Saturday Feb 2016

Posted by in 6th Circuit Court of Appeals, Employment Law, Gender Discrimination, Race Discrimination, Wrongful Termination

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Dis-Orderly Conduct: Hospital Security Guard Fired After Incident With Psychiatric Patient Cannot Advance Discrimination Claims, by Alexis B. Kasacavage, Bingham Greenebaum Doll, LLP Blog  

http://www.lexology.com/library/detail.aspx?g=729cc33f-832f-49e3-97f6-7a1c3c8f1997

Interesting analysis on how the courts came to the same conclusion but for different reasons. -CCE

 In Loyd v. Saint Joseph Mercy Oakland, et al., the Sixth Circuit recently upheld a Michigan district court’s decision to dismiss a 52-year-old African-American female security guard’s age, race and sex discrimination claims arising from her discharge following an incident with a combative psychiatric patient at the hospital where she worked.

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Houston Law Firm Fires Pregnant Employees.

18 Friday Sep 2015

Posted by in Arbitration, EEOC, Employment Contracts, Employment Law, Gender Discrimination, Law Office Management, Pregnancy Discrimination

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Wayne Wright Fired Another Pregnant Worker, by Thomas J. Crane, San Antonio Employment Law Blog

http://tinyurl.com/q57966e

A law firm in Houston, Texas, fired a female employee because she became pregnant. The employee filed a charge against the firm with the EEOC, and then sued the firm. You would think that, if the firm somehow missed that this was an employment no-no, this experience educated management at the firm.

Unfortunately, that was not the case. The firm, which has offices in several locations, fired a paralegal from its El Paso firm when she became pregnant. The paralegal sued the firm, but this one has a twist. The firm invoked an arbitration agreement.

The matter went up to the El Paso Court of Appeals, which reversed the trial court. The paralegal’s case will go to arbitration. Why wasn’t this a slam dunk against the firm? -CCE

Note Limited Time to File Employment Discrimination Charge!

14 Saturday Jun 2014

Posted by in Anti-Retaliation, Bullying, Disabilities, EEOC, Employment Law, Fair Labor Standards Act, Gender Discrimination, Harassment, Hostile Work Environment, Minimum Wage, Overtime, Pregnancy Discrimination, Race Discrimination, Sexual Harassment, Wrongful Termination

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Time Limits For Filing A Charge, U.S. Equal Employment Commission

http://www.eeoc.gov/employees/timeliness.cfm

The anti-discrimination laws give you a limited amount of time to file a charge of discrimination. In general, you need to file a charge within 180 calendar days from the day the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. The rules are slightly different for age discrimination charges. For age discrimination, the filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law. The deadline is not extended if only a local law prohibits age discrimination.

Note: Federal employees and job applicants have a different complaint process, and generally must contact an agency EEO Counselor within 45 days. The time limit can be extended under certain circumstances.

Regardless of how much time you have to file, it is best to file as soon as you have decided that is what you would like to do.

Time limits for filing a charge with EEOC generally will not be extended while you attempt to resolve a dispute through another forum such as an internal grievance procedure, a union grievance, arbitration or mediation before filing a charge with EEOC. Other forums for resolution may be pursued at the same time as the processing of the EEOC charge. . . .

New Standard for Proving Sexual Harassment.

27 Sunday Apr 2014

Posted by in Appellate Law, Employment Law, Gender Discrimination, Harassment, Hostile Work Environment, Sexual Harassment

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Two New Cases Demonstrate High Bar For Proving Sexual Harassment, by Parker Poe Adams & Bernstein LLP, Lexology®, in cooperation with Association of Corporate Counsel

http://tinyurl.com/luwkehs

Not all sex-related behavior in the workplace gives rise to an actionable claim for sexual harassment. In order to violate Title VII, the actions complained of must be unwelcomed, and must create a hostile and offensive working environment based on the victim’s gender. Two new federal appellate cases show how alleged workplace behavior can be obnoxious and unwelcomed, and yet still fail to reach this threshold. . . .

Arizona Anti-Gay Bill Vetoed.

26 Wednesday Feb 2014

Posted by in Employment Law, Fourteenth Amendment Equal Protection, Gender Discrimination, Government, Hostile Work Environment

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Arizona Governor Vetoes  Anti-Gay Bill, by Dan Nowicki, Yvonne Wingett Sanchez, and Alia Beard Rau, The Arizona Republic, USA Today

http://www.usatoday.com/story/news/nation/2014/02/26/arizona-governor-vetoes-anti-gay-bill/5849187/

It will be interesting to see how Arizona Governor Jan Brewer’s veto will affect similar legislation in other states, such as Oklahoma, Idaho, and Kansas, and if the pressure from businesses and the public have not already done so. -CCE

Facing intense pressure from political and business interests and a growing public outcry, Arizona Gov. Jan Brewer announced Wednesday that she had vetoed a bill that would have allowed businesses to refuse service to gays and others based on religious beliefs.

Brewer said the bill was unnecessary legislation that threatened the state’s recovering economy by driving away high-profile events such as next year’s Super Bowl and corporations looking to relocate to Arizona.

“Religious liberty is a core American and Arizona value — so is non-discrimination,” Brewer said at a news conference announcing the veto.  She said the proposed law, known as Senate Bill 1062, was too broadly worded and could have resulted in “unintended and negative consequences.” . . .

2014 Employment Law Predictions.

11 Saturday Jan 2014

Posted by in Affirmative Action, Bullying, Criminal History, Employment Law, Gender Discrimination, Health Care Benefits, Health Reform, Internships, Medical Marijuana, Minimum Wage, Pregnancy Discrimination

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Donna’s Employment Law Predictions for 2014, by Donna Ballman, Screw You Guys, I’m Going Home Blog

http://tinyurl.com/mqokell

Minimum wage, legalized marijuana, health care, internships, background checks, pregnancy discrimination, and more. -CCE

“Must Read” for HR – Evidence of Hiring Discrimination Using Social Media.

24 Sunday Nov 2013

Posted by in Affirmative Action, EEOC, Employment Law, Gender Discrimination, Race Discrimination

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Everyone knows by now that human resources professionals and employers use social media to screen potential employees. Studies now show that some employers illegally discriminate against applicants based on what they find. CCE 

Study Finds Evidence of Unlawful Discrimination in Using Social Media to Recruit Employees, posted by Jason Shinn, Michigan Employment Law Advisor

http://tinyurl.com/k63s24l

A recent article in the Wall Street Journal (reported on 11/21/2013 by Jennifer DeVries) discussed a study showing bias in the hiring process when social media is used to screen job applicants. Because of the potential for unlawful discrimination and losing out on otherwise qualified job applicants, the article and study should be a “must read” for every human resource professional or anyone with hiring responsibilities.