Archives: Discrimination

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The Uncertain Landscape of Discrimination & Harassment Laws: Expanding the Definition of “Protected Class”

There was a time when human resources practitioners and employment attorneys ...

High Court To Determine Whether Title VII Prohibits Discrimination on the Basis of Sexual Orientation and Gender Identity

By Seyfarth Shaw LLP on April 22, 2019 Posted in Discrimination, Employment Law

Today, the Supreme Court granted review to a trio of Title VII cases raising the issue of ...

Supreme Court To Hear Three LGBTQ Discrimination Cases

By Robert G. Chadwick, Jr. on April 22, 2019 Posted in Discrimination, Employment Law

On Monday, April 21, 2019, the U.S. Supreme Court agreed to hear, during the ...

Federal Court Jury Finds for Employee

By Thomas J. Crane on April 10, 2019 Posted in Discrimination, Trial

A woman who sued Southwest Research Institute was awarded $410,000 by a ...

Does the ADA Require Business Websites to be Accessible?

By Christopher McKinney on March 26, 2019 Posted in Discrimination

In January the Ninth Circuit Court of Appeals issued a decision allowing a blind ...

Schools Must Provide ASL Interpreters

By Thomas J. Crane on March 21, 2019 Posted in Discrimination

It is required of every business and government in the country to hire an ...

Age Discrimination Can Include Acts Before 40 Years of Age

By Thomas J. Crane on March 7, 2019 Posted in Discrimination

In a recent case, the Ft. Worth Court of Appeals addressed the question, does the Texas age discrimination statute require that the plaintiff be over 40 years old during the discrimination? The court said no. In Bell Helicopter Textron, Inc. v. Burnett, 552 S.W.3d 901 (2018), the employee was harassed due to his age. The harassment...

Flight Attendants File EEOC Charge Alleging American Airlines Discriminates Against Women

By Christopher McKinney on March 6, 2019 Posted in Discrimination

The union that represents more than 27,000 American Airlines flight attendants ...

Fifth Circuit Upholds Ruling Against Claim of Employment Discrimination Based on Transgender Status But Leaves the Door Open to Future Argument of the Issue

By Christopher McKinney on February 7, 2019 Posted in Discrimination

In an opinion issued in Wittmer v. Phillips 66 Company, the Fifth Court of Appeals ...

“Regarded As” Claims Do Not Require an Actual Impairment

By Thomas J. Crane on December 12, 2018 Posted in Discrimination

In Mesa v. City of San Antonio, the Court addressed a critical component of ...

Actions Taken in Violation of State Law May Not Be Protected Activities Under Title VII

By Seyfarth Shaw LLP on December 4, 2018 Posted in Discrimination, Employment Law

The Fourth Circuit recently held that Title VII does not protect an employee from being ...

Employer Must Pay for a Medical Exam

By Thomas J. Crane on October 10, 2018 Posted in Discrimination

Russell Holt applied for a job with BNSF railway. He received a job offer conditional ...

Sixth Circuit Denies Review of Judgment Favoring Former Employee in Retaliation Claim Under the Mine Act

By Seyfarth Shaw LLP on October 9, 2018 Posted in Discrimination, Employment Law

The Sixth Circuit recently upheld an administrative decision in favor of a ...

Western District denies Summary Judgment

By Thomas J. Crane on September 5, 2018 Posted in Discrimination, Summary Judgment

An engineer worked for Texas Commission on Environmental Quality or 23 years ...

Fourth Circuit Finds Former Employee Established Prima Facie Case of Retaliation

By Seyfarth Shaw LLP on August 14, 2018 Posted in Discrimination, Employment Law

The Fourth Circuit revived the retaliation case of a former city employee who was ...

Time for Charge Starts when Decision is Made

By Thomas J. Crane on July 5, 2018 Posted in Discrimination, Statute of Limitations

A frequent issue in discrimination cases concerns when does the time for filing a ...

Western District Denies Motion to Dismiss in FMLA Case

By Thomas J. Crane on June 13, 2018 Posted in Discrimination

In Myles v. UT Health Science Center at San Antonio, No. 17-00871-XR, 2018 US Dist. ...

Using Credit Histories in Employment Decisions: An Overview of Divergent State & Local Requirements

By Seyfarth Shaw LLP on June 12, 2018 Posted in Discrimination, Employment Law, Fair Credit Reporting Act

Over the past few years, restrictions regarding the use of credit checks by employers on ...

Plaintiff’s Testimony On Pay Gap Sufficed

By Thomas J. Crane on May 16, 2018 Posted in Discrimination

Plaintiffs in employment cases often contend they are paid less than other, similarly ...

Fifth Circuit Affirms Dismissal

By Thomas J. Crane on May 9, 2018 Posted in Discrimination, Fifth Circuit

In a remarkable decision, the Fifth Circuit affirmed the grant of a 12(b)(6) motion ...

State-Specific Harassment Prevention Mandates: The Emerging Reality For Multi-State Employers

By Robert G. Chadwick, Jr. on May 8, 2018 Posted in Discrimination, Employment Law

For more than thirty years, sexual harassment has been a recognized form of ...

The New Wave Of Title VII Suits Alleging Sexual Orientation Discrimination

By Robert G. Chadwick, Jr. on March 27, 2018 Posted in Discrimination, Employment Law

In Zarda v. Altitude Express, Inc., the plaintiff alleged he had been discriminated against ...

Persons with Autism Targeted for Hiring

By Thomas J. Crane on February 15, 2018 Posted in Discrimination

SAP started its Autism at Work program five years ago and has hired some 128 persons ...

No Religious Bias Against Hospital Employee Who Refused to Get Flu Shot

By Seyfarth Shaw LLP on January 4, 2018 Posted in Discrimination, Employment Law

Mandatory vaccines and flu shots present challenges to employers attempting ...