Employers who are federal contractors and subcontractors are required to take affirmative action to ensure equal employment opportunity in their employment processes. As part of that process, government contractors are...
Category: Employment Discrimination
Aug 31, 2005
Employment Discrimination
Refusal To Terminate An Employee Based On Her Looks Supports Retaliation Claim Under California Law
On August 11, 2005, the California Supreme Court ruled that an employee could state a claim for retaliation under the Fair Employment Housing Act (“FEHA”) based on the employee’s refusal to comply with a supervisor’s...
Jul 25, 2005
Employment Discrimination
California Supreme Court Rules that Sexual Favoritism Can Constitute A Hostile Work Environment
On July 18, 2005, the California Supreme Court ruled unanimously that supervisors’ sexual relationships with subordinates may create a hostile work environment for co-workers, even if those co-workers were not directly...
Apr 05, 2005
Employment Discrimination
Supreme Court Rules That Disparate Impact Claims May Be Brought Under the Age Discrimination in Employment Act
On March 31, 2005, the U.S. Supreme Court ruled that an individual protected by the Age Discrimination in Employment Act (“ADEA”) (i.e., an employee, former employee, or job applicant who is age forty or older)...
Feb 08, 2005
Employment Discrimination
Ninth Circuit Holds that Casino’s Rule Requiring Female Bartender to Wear Full Makeup Is Not Sex Discrimination
The U.S. Court of Appeals for the Ninth Circuit recently decided that a good-grooming rule issued by Harrah’s Casino to its employees, which requires female bartenders to wear makeup, does not violate Title VII’s...
Nov 08, 2004
Employment Discrimination
Second Circuit Eases Burden For Proving Hostile Work Environment Claim
Employers frequently have been able to mount a successful defense to hostile work environment sexual harassment claims by demonstrating that both male and female workers were exposed to the same conduct underlying the claim....
Oct 26, 2004
Employment Discrimination
Second Circuit Limits Scope of Disability in “Interacting with Others”
An individual is considered to be “disabled,” and therefore protected under the Americans With Disabilities Act (the “ADA”), if he or she suffers from a physical or mental impairment that substantially...
Oct 14, 2004
Employment Discrimination
New California Law Requires Sexual Harassment Training For Supervisors Every Two Years
On September 30, 2004, Governor Schwarzenegger signed into law AB1825, which amends California’s Fair Employment and Housing Act (“FEHA”) by requiring employers with 50 or more employees to provide two hours...
Sep 10, 2004
Employment Discrimination
Supreme Court Expected to Resolve Circuit Split on Whether Disparate Impact Age Discrimination Claims Are Permissible
A recent decision of the U.S. Court of Appeals for the Second Circuit in New York highlights a disagreement among the federal appeals courts over whether plaintiffs may sue on a disparate impact theory under the Age...
Jun 25, 2004
Employment Discrimination
Constructive Discharge as a Tangible Employment Action in Harassment Cases: The Supreme Court Speaks
On June 14, 2004, the U. S. Supreme Court resolved a disagreement among the lower federal courts and ruled that a constructive discharge resulting from harassment by a supervisor does not constitute a “tangible...