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How do you prove employment discrimination? Before we get to what employer acts constitute an adverse employment action, we need to discuss how it fits in with the other elements of an employment discrimination claim. Title VII of the Civil Rights Act of 1964...
Alexander Reagan Ma’alona, a male Asian/Pacific Islander with dark brown skin, worked for the Transportation Security Administration (“TSA”) as a Transportation Security Officer from 2002 to 2012. After the September 11, 2001 terrorist attacks, Congress enacted the...
In a recently decided case out of the United States Court of Appeals for the Fifth Circuit, Vanoy Allen sued her employer, Our Lady of the Lake Hospital, Inc., claiming that she was subjected to a racially hostile work environment. See Allen v. Our Lady...
Sometimes, no matter what you do; no matter what evidence you present; no matter what the law says – a judge is going to do whatever the judge wants to do. A good example of this proposition is found in the case of Edge v. TLW Energy Services, L.L.C., No. 22-50288,...
The City of Columbus in Ohio has just passed an ordinance that prevents employers from asking job applicants about their salary history during the hiring process. While the stated purpose of the law is important to correct historical discriminatory pay practices, the...
Our disability discrimination lawyers have frequently blogged about disabled employees’ ability to workplace accommodations under the Americans with Disabilities Act (“ADA”). As part of that discussion, our attorneys have described that the interactive process...
In Byrd v. Clay Cnty., Texas, No. 22-10746, 2023 WL 3122462 (5th Cir. Apr. 27, 2023), the United States Court of Appeals for the Fifth Circuit recently addressed this very question. Linda Byrd already working for the Sheriff’s Office in Clay County, Texas when a new...
Yesterday, our employment discrimination lawyers discussed the failure to promote claim at issue in Wince v. CBRE, Inc., No. 22-1593, 2023 WL 3191422 (7th Cir. May 2, 2023). (See Can A Higher Degree Prove Failure To Promote?) Today, we look at Sylvester Wince’s...
While a higher level of formal education or a higher earned degree may make you more qualified for a particular job or promotion, it may not be enough – standing on its own – to prove discrimination in the hiring or promotion process. In Wince v. CBRE, Inc., No....
Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate against individuals based on their race/color, religion, national origin, gender, gender identity, and sexual orientation. Likewise, the Age Discrimination in Employment Act of...
Today, we look at the recent United States Court of Appeals for the Third Circuit case Stoval v. Grazioli, No. 20-2041, 2023 WL 3116439, at *1 (3d Cir. Apr. 27, 2023). In this case, Flavia Stovall, who is African-American, worked in the New Jersey Judiciary, Camden...
In yesterday’s blog, we talked about how Abraham Freud lost most of his religious discrimination claims because he waited too long to file his claims. (Read about it here). Today, our employment lawyers are taking a closer look at the claims that remained. What is an...
Meet Abraham Freud. He is a special-education teacher working for New York City Department of Education. Freud is an Orthodox Jew, who feels that his employer has been discriminating against him for a long time – in fact, too long a period of time. What is a statute...
“Ms. Dorothy Barrett-Taylor sued Birch Care Community, LLC under the Americans with Disabilities Act, claiming disability discrimination, failure to provide a reasonable accommodation, and retaliation. The claims ultimately turned on Ms. Barrett-Taylor’s refusal to...
Recently, in Crivelli v. Montgomery County Emergency Services District Number 7, No. 22-20312, 2023 WL 2823065 (5th Cir. Apr. 7, 2023), the United States Court of Appeals for the Fifth Circuit address the issue of proving qualification for a particular job as part of...
As with most employment discrimination legal questions, the answer is “it depends.” Indeed, it will likely come down to the particular workplace facts as opposed to the law in question. As our employment discrimination lawyers have discussed often before, under Title...