Call Us 919-240-4054In Staub v. Proctor Hospital, the US Supreme Court just issued an important unanimous decision in this military-service-based discrimination case. This case concerns the so-called “cat’s paw” theory of liability, under which one supervisor acts with discriminatory intent against the plaintiff, but the plaintiff is actually fired by another supervisor. The case arose under the Uniformed Services […]
Title VII
Supreme Court endorses associational retaliation claim
Late last month, in Thompson v. North American Stainless, the Supreme Court unanimously concluded that firing a worker’s fiancé in retaliation for a sex discrimination claim filed by the worker is itself unlawful retaliation under Title VII. The anti-retaliation provision of Title VII prohibits any employer action that “well might have dissuaded a reasonable worker from making […]
EEOC sees increase in discrimination claims
In the past year, the Equal Employment Opportunity Commission (EEOC) has seen 7.2 % in discrimination claims being filed with agency. Coverage here. The EEOC handles charges under Title VII, the ADA, the ADEA, the Equal Pay Act, and GINA. EEOC Chair Jacqueline A. Berrien stated, “Discrimination continues to be a substantial problem for too many job […]
Two employment decisions from the Supreme Court
On May 24, the Supreme Court issued two employment-related opinions. The first, Lewis v. Chicago, concerned the filing deadline for disparate impact discrimination cases under Title VII. The black firefighter plaintiffs in the case sought to challenge a written test used for determining promotions. The question was whether their statute of limitations began running when the […]
Fourth Circuit rules for plaintiff in significant gender discrimination opinion
The Fourth Circuit Court of Appeals recently issued a ringing opinion for employees in Merritt v. Old Dominion Freight Lines, a gender discrimination case until Title VII. The Court’s discussion of gender discrimination, sex stereotyping, and a corporate culture of discrimination is excellent and will make very useful precedent. A long-ish discussion is therefore in order. As […]
Fourth Circuit rules for plaintiff in sexual harassment case
In Whitten v. Fred’s, Inc., the Fourth Circuit issued an important ruling in a sexual harassment case. The Court concluded that the company-defendant could held liable for sexual harassment by its manager, even if the manager did not have the authority to fire the harassed worker. Although the Court was addressing state law claims, South Carolina anti-discrimination […]