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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...
Why is the difference between being an employee or an independent contractor important under the FLSA? The distinction between being an employee and an independent contractor is important under the Fair Labor Standards Act (“FLSA”) because the protections and benefits...
“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...
There are certain things that are universally hated: bad drivers that flip you off because nothing is their fault, a sink full of dishes, clothing that is supposed to be in your size but is cut so small just to make you feel fat, cancer, being told to calm down when...
In Smith v. Mcdonough, Sec’y of Veterans Affairs, No. 22-6131, 2023 WL 2765898, (10th Cir. Apr. 4, 2023), Eric Smith, a longtime employee of the United States Department of Veterans Affairs (“VA”), sued his employer for employment discrimination and harassment that he...
What is a “salary” exactly? Unlike hourly workers, salaried employees typically receive a fixed amount of pay per week that is not tied directly to the number of hours worked or to their productivity. The “salary” is the amount that the worker is generally guaranteed...
Today, we look at a recent case out of the United States Court of Appeals for the Second Circuit that deals with the disability accommodation process at work. In Tillman v. New York City Department of Human Resources Administration, No. 22-872-CV, 2023 WL 2770218 (2d...