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Articles Posted in Discrimination

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Question of Whether EEOC Must Make a Good Faith Effort to Conciliate Will Go to Supreme Court

Title VII of the Civil Rights Act of 1964 requires employees to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC must make an effort to resolve the dispute with the employer before it may file suit on behalf of the complainant, or authorize the complainant to…

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EEOC Alleges in Religious Discrimination Lawsuit that Employer Required Employees to Participate in Religious Activities

A Long Island company unlawfully discriminated against its employees on the basis of religion, according to a lawsuit filed by the Equal Employment Opportunity Commission (EEOC). EEOC v. United Health Programs of America, et al, No. 1:14-cv-03673, complaint (E.D.N.Y., Jun. 11, 2014). The employer allegedly required employees to participate in…

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Hundreds of Cities Enact Ordinances Prohibiting Sexual Orientation Employment Discrimination When States Fail to Take Action

About half of all U.S. states, including New Jersey, and the District of Columbia have enacted legislation prohibiting employers from discriminating based on sexual orientation. In many states, these laws also protect gender identity and expression. Federal law still does not provide explicit protection in these areas. City and county…

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Former Sales Executive Obtains $11.6 Million Verdict in Wrongful Termination Lawsuit

A former sales executive obtained a substantial verdict in May 2014 in a lawsuit against Microsoft, which accused the software company and a consultant of employment discrimination, sexual harassment, retaliation, and defamation. Mercieca v. Rummel, et al, No. D-1-GN-11-001030, third am. pet. (Tex. Dist. Ct., Travis Co., Apr. 12, 2013).…

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City Ordinances Limit Employers’ Ability to Refuse to Hire Applicants Based on Criminal History

As many as one in four Americans has a criminal record that could turn up during a job search. Lack of employment opportunities is a substantial factor in the difficulty people with criminal history face, including an estimated recidivism rate of 70 percent. We, as a society, are nowhere near…

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Wrongful Termination May Expose Employers to Defamation Claims

Federal, state, and local employment statutes prohibit employers from discriminating based on certain protected categories, such as race, sex, or religion. In some situations, an employer may want to fire an employee, but lacks a non-discriminatory basis for doing so. If that employer makes a false statement regarding the employee…

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Retail Chain Allegedly Fired Gay Male Employees to Cut Costs, According to Lawsuit

A man’s lawsuit against his former employer alleges that the company created multiple pretexts ito justify firing him, and that the company discriminated against him because he is homosexual. Housh v. Home Depot USA, Inc., et al, No. 30-2013-00678843, complaint (Cal. Super. Ct., Orange Co., Oct. 1, 2013). The plaintiff…

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Plaintiff in Employment Discrimination Lawsuit Alleges that Employer Fired Him Because of Religion

A former marketing director for a wireless telecommunications company has filed suit against his former employer for religious discrimination. Mindrup v. Goodman Networks, Inc., No. 4:14-cv-00157, complaint (E.D. Tex., Mar. 20, 2014). He alleges that, after working for the company for years, he was terminated one day after he refused…

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Teacher Sues New York School, Alleging Discrimination and Firing Based on Age, Marital Status, Sex, and Sexual Orientation

A former coach and physical education teacher has filed suit against his former employer, alleging that he faced unlawful discrimination and was fired in retaliation for speaking out. Kenney v. Trinity School, et al, No. 161600/2013, complaint (NY Sup. Ct., NY Co., Dec. 17, 2013). This case might seem unusual…

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Investigating Employees’ Work Eligibility May Violate Anti-Discrimination Laws, Warns Justice Department

Federal immigration law requires employers to verify the employment eligibility of their workers. It also, however, prohibits them from discriminating on the basis of national origin or citizenship status, provided that the employee is not an undocumented immigrant. The Department of Justice (DOJ), through its Office of the Special Counsel…

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