WASHINGTON, Sept. 1 /U.S. Newswire/ -- The Justice Department and the U.S. Equal Employment Opportunity Commission (EEOC) today announced a consent decree to resolve religious discrimination lawsuits filed against the state of Ohio; the Ohio Environmental Protection Agency; the Ohio Department of Administrative Services; and the Ohio Civil Service Employees Association, AFSCME, Local 11, AFL-CIO. The lawsuits alleged that the state defendants and the union violated federal employment discrimination laws by failing to respect the rights of employees with religious objections to supporting the union. The union and the state defendants permit employees who are members of churches that historically have opposed unionization to pay an amount equivalent to their dues to charity. However, th...
The phrase "equal justice" has dubious meaning for persons with disabilities who seek redress of employment discrimination in court. After experiencing job loss and facing relatively slim chances of reemployment, many of these individuals seek judicial recognition that their employers failed to accommodate their disabilities. Yet the vast majority of plaintiffs who bring employment discrimination lawsuits under the Americans with Disabilities Act (ADA) lose. Recent amendments to the ADA broadening the definition of "disabled" may increase courts' temptation to apply judicial estoppel as a shortcut around the expanded statute and the concomitant increase in ADA claims. Although the amendments broadened the definition of "disabled," they did not alter the definition of "qualified individu...
The opinion was so broad that it has become a formidable weapon for corporations and other defendants trying to shield themselves against everything from employment discrimination to product-liability lawsuits. Since the ruling, dozens of cases that might have once proceeded have been thrown out because they don't meet the Iqbal test.
A recurring issue in employment discrimination lawsuits is whether a plaintiff may introduce what some have called "me too" evidence: testimony from co-workers that they were also discriminated against by the defendant, albeit through supervisors different from the plaintiff's. In Sprint/United Management Co v. Mendelsohn, the Supreme Court had the opportunity to resolve a split among the federal circuits regarding the issue. The Court reviewed a Tenth Circuit Court of Appeals decision that held that evidence of alleged discrimination against other employees by other decisionmakers was admissible to prove "the employer's general discriminatory propensities. The Supreme Court granted certiorari in Mendelsohn because of a split in the circuits on whether evidence of other supervisors' dec...
Legislation that extends the Colorado Civil Rights Commission contains an amendment that could have negative consequences for the state's employers. A provision in Senate Bill 110 provides additional compensation for successful employment discrimination lawsuits. If the bill -- currently being considered in the Senate Judiciary Committee -- becomes law, employees could receive punitive damages, compensatory damages and attorney's fees. Current law only allows judges to award actual damages, such as lost wages.
Are Affirmative Action Plans meaningful guidelines to employment decisions? Or, are these plans merely an exercise in satisfying legislative directives? What is an equal opportunity employment environment? The Central City Police Department faces these questions concerning their recent employment practices. More specifically, what is the department's justification for not promoting the individual with the second highest score on the promotion test? How can an employee with excellent performance evaluations and a clean discipline record not be promoted? Could it be that the individual was a woman? Does the work environment penalize women? Finally, are supervisors and employees appropriately trained and supervised regarding employment discrimination issues? This case explores the integrat...
Though there is furious dispute over the economic impact that the estimated 11 million illegal immigrants in the U.S. have on the job market, there is no concrete evidence that the majority of employers hire Latinos at low-end jobs and exclude Blacks from them solely because of their race. The sea of state and federal anti-discrimination laws, and labor code sections explicitly ban employment discrimination. Despite a recent flurry of lawsuits and settlements by Blacks against and with major employers for alleged racial favoritism toward Hispanic workers, employers vehemently deny that they shun Blacks, and maintain that Blacks don't apply for these jobs. These aren't just flimsy covers for discrimination. Many Blacks will no longer work the low skilled, menial factory, restaurant, and ...
Employment practices liability (EPL) insurance claims are on the rise. The US Equal Employment Opportunity Commission recently announced that 93,277 workplace discrimination charges were filed with the federal agency nationwide during fiscal year 2009. The FY 2009 data show that private sector job bias charges alleging discrimination based on disability, religion and/or national origin hit record highs. For the past 30 years, employment practices liability insurance has been available as a stand-alone policy to large employers because it was believed that they were more vulnerable to discrimination lawsuits. However, according to Jeffrey O'Shaughnessy, VP of employment practices liability for The Hartford Steam Boiler Inspection and Insurance Co (HSB), that particular dynamic is changin...
Are Affirmative Action Plans meaningful guidelines to employment decisions? Or, are these plans merely an exercise in satisfying legislative directives? The Central City Police Department faces these questions concerning their recent promotion list to sergeant. Specifically, what is the department's justification for not promoting the individual with the second highest score on the promotion test? How can an individual with excellent performance evaluations and a clean discipline record not be promoted? Could it be the individual is a woman? This case explores the integration of minorities into a predominately white male work environment. For example, the organization as a whole (i.e., city government) has developed affirmative action plans for over a decade. Only in the last several ye...
... sued the city for employment discrimination based on race. The United States Justice Departmen...
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