A Black employee complains to Human Resources that her supervisor has directed racial slurs at her. The supervisor is Black too. Is this a defense to liability for the employer
Continue Reading A Cautionary Tale about Same Race Discrimination
General Employment Discrimination
July News from the EEOC
By Fox Rothschild LLP on
July has brought the announcement of two six-month pilot programs touted by the EEOC for, it believes, expanding opportunities for parties to resolve Charges of Discrimination voluntarily through mediation and…
Continue Reading July News from the EEOC
Maryland Restricts Use of Facial Recognition Technology in Hiring
By Brian McGinnis on
Entering a relatively new frontier in employment discrimination law, the Maryland legislature has passed legislation restricting employers’ use of facial recognition technology in the hiring process. The bill becomes effective…
Continue Reading Maryland Restricts Use of Facial Recognition Technology in Hiring
Supreme Court: LGBTQ Employees Protected
By Brian McGinnis on
In an historic decision, the Supreme Court ruled 6-3 last week that Title VII’s prohibition on employment discrimination protects employees on the basis of sexual orientation and gender identity. In…
Continue Reading Supreme Court: LGBTQ Employees Protected
For Employers Facing a Discrimination Claim, Being Wrong Can Also Mean Being Right (or, at Least, Being Nondiscriminatory).
By Fox Rothschild LLP on
What happens if an employer takes adverse action against an employee based on a legitimate, nondiscriminatory reason that later turns out to be wrong? Suppose, for example, an employer fires…
Continue Reading For Employers Facing a Discrimination Claim, Being Wrong Can Also Mean Being Right (or, at Least, Being Nondiscriminatory).
Appeals Court Rejects Disability Discrimination Claim of Employee with Supervisor-Induced Stress and Migraines
By Fox Rothschild LLP on
When an employee requests an accommodation or asserts a claim under the Americans with Disabilities Act, an employer’s second question—right after “Are we even covered by the ADA?”—will likely be: …
Continue Reading Appeals Court Rejects Disability Discrimination Claim of Employee with Supervisor-Induced Stress and Migraines
Is “OK, Boomer” OK?
By Fox Rothschild LLP on
In January, Supreme Court Chief Justice John Roberts drew considerable media attention by asking, during the oral argument of an age discrimination case, Babb v. Wilkie, a question about…
Continue Reading Is “OK, Boomer” OK?
Virginia: the Next State to Protect LGBTQ Employees from Discrimination?
By Brian McGinnis on
If you’re a regular reader of our blog, you probably know that the question of whether federal law prohibits employment discrimination against employees on the basis of their sexual orientation…
Continue Reading Virginia: the Next State to Protect LGBTQ Employees from Discrimination?
NJ Issues Guidance on Race Discrimination Based on Hairstyle
By Brian McGinnis on
Recently, several jurisdictions have stated that discriminating against an employee on the basis of the employee’s hairstyle, where the hairstyle is closely associated with race, constitutes race discrimination. The New…
Continue Reading NJ Issues Guidance on Race Discrimination Based on Hairstyle
Supreme Court Hears Argument in LGBT Discrimination Cases: What’s Next?
By Brian McGinnis on
As regular readers of our blog will already know, the issue of whether Title VII prohibits employment discrimination based on an employee’s sexual orientation or gender identity has been a…
Continue Reading Supreme Court Hears Argument in LGBT Discrimination Cases: What’s Next?