The Equal Employment Opportunity Commission (EEOC) recently issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, which goes some distance in creating potential liability for discrimination by employers for their carte blanche use of criminal record exclusions.
Tag Archives: Title VII
Seventh Circuit Allows Supervisor to be Comparator of Plaintiff in Discriminatory Discharge Case
Posted in DiscriminationIn Rodgers v. White (No. 10-3916), decided on September 2nd, the Seventh Circuit reached the unusual result of allowing a plaintiff to use his supervisor as a comparator in a comparative discipline case alleging race discrimination. The result is important because the Seventh Circuit had previously indicated in several cases that supervisors are typically poor… Continue Reading
The Ever Increasing Size of Class Action Lawsuits
Posted in Discrimination, LitigationRecently, it seems, class action lawsuits against employers are getting bigger. Firms that in representing plaintiffs are targeting companies with class action litigations, in particular lawsuits alleging gender discrimination. These lawsuits allege gender discrimination against a few women combined with evidence designed to show a pattern of discrimination against women throughout the company to create a plaintiff… Continue Reading
Supreme Court Finds that Employee Who Did Not Engage in Protected Activity Under Title VII is Still Protected by Title VII’s Anti-Retaliation Prohibition
Posted in LegislationToday, the U.S. Supreme Court ruled that an employer may be held liable for retaliating against an employee who did not engage in any protected activity, but who has a close relationship with another employee who did engage in protected activity.
Posner – “Nebulous suspicions voiced by a busybody” not protected under Title VII
Posted in HarassmentA part-time female hospital employee complained about her new male boss. Her complaints — mainly generalized criticisms — included disapproval of his “presentation of himself in public,” his “remarks and appropriateness,” his “obvious attraction to/fear of women” and his “leadership in relationship to women.” The hospital, worried about potential hostile work environment implications, investigated. During… Continue Reading
U.S. v. Stevens & Hostile Work Environment Law
Posted in Constitution, HarassmentRecently, SCOTUS overturned a federal law banning depictions of animal cruelty because it violated the First Amendment as an impermissibly broad, content-based restriction on speech. (U.S. v. Stevens) What possible connection could this case have to employment law you ask? Title VII — to the extent it imposes liability on employers for creating or permitting… Continue Reading
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