Today the U.S. Supreme Court reversed a decision by the Tenth Circuit Court of Appeals that had previously held that Abercrombie could not be held liable for not accommodating an
Continue Reading Breaking News: Supreme Court Snatches Victory Away from Abercrombie & Fitch in Hijab Fight
Title VII
$1 “Nominal” Damages But $300,000 Punitive Damages Awarded In Sexual Harassment Case
Punitive damages are generally difficult to obtain. And under Supreme Court precedent, punitive damages greater than ten times an award of compensatory damages is generally considered “grossly excessive,” raises due …
Continue Reading $1 “Nominal” Damages But $300,000 Punitive Damages Awarded In Sexual Harassment Case
“A Bar Too High” And Other Pretexts For Discrimination
Reorganization, reduction in force (“RIF”), merger of departments – these are only a few reasons which employers give when firing an employee – and which is frequently alleged to be …
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Church Music Director Alleges Firing Because Of Engagement To Male Partner: Does The “Ministerial Exception” Apply?
A newly filed EEOC charge alleges that The Holy Family Catholic Community in Inverness, Ill fired its 17-year music director when the director announced on Facebook that he had just…
Continue Reading Church Music Director Alleges Firing Because Of Engagement To Male Partner: Does The “Ministerial Exception” Apply?
Title VII Remedies: Not Just Money!
There are two takeaways in today’s post.
First: Beating a dead horse, we are constrained to remind health care and medical providers, yet again, that the EEOC continues …
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“Ooh You Are A Smooth Talker. You Are… You Are!”
We wrote a post the other day entitled “Is There A Duty To Mitigate Emotional Damages?”
In it we cited a case where a court held that the EEOC was…
Continue Reading “Ooh You Are A Smooth Talker. You Are… You Are!”
Grooming Policies: A Long-Haired Employee “Cannot Drag His Hair Thru The Food”
A couple of readers of our blog post yesterday relating to employer dress and grooming policies helpfully added a couple of points about an employer’s legitimate health and safety concerns,…
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Is There A Duty To Mitigate Emotional Damages?
Our post the other day about plaintiff/employee’s requirement of mitigating damages in employment discrimination cases drew some good comments, posted below.
But before we get to the comments, we wanted…
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Volunteer Red Cross Nuns Tossed Out Of Court
OK, so we engaged in a little Page 6 headline hyperbole – the Nuns were not literally “tossed out” of the court, but just had their discrimination claims dismissed. But…
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Employers: Don’t Forget That Employees Must Mitigate Damages
We have written little about the requirement in Title VII (and the other anti-discrimination laws) that a plaintiff-employee has a duty to mitigate damages. This may be because many lawyers…
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