Discrimination and Harassment Law and Practice

Subscribe to Discrimination and Harassment Law and Practice via RSS

Is the Supreme Court’s recent decision in Young v. United Parcel Service, here, a limited ruling, applicable only in the context of the Pregnancy Discrimination Act (PDA)? Or, does the decision ring in a whole new (and less employer-friendly) era in discrimination case law? It is too early to tell. Allow this explanation for why.

The Supreme Court ruled that UPS may have violated the PDA by not providing a temporary light duty assignment to a pregnant driver who was on temporary, pregnancy-related restrictions. But the Court found that neither party was entitled to their desired interpretation of the PDA.
Continue Reading Supreme Court Revives Pregnancy Discrimination Case

Bass, Berry & Sims attorney Tim Garrett commented on the Supreme Court decision, Young vs. UPS, questioning whether an employer must provide equal accommodations regarding limited duty to employees who have pregnancy-related limitations and those whose limitations are not pregnancy-related. The Supreme Court referred the case back to the 4th Circuit for review. In…

Bass, Berry & Sims attorney Tim Garrett authored an article outlining steps that companies should consider to provide a safe workplace. In the wake of recent incidents of violence at the workplace, Tim asserts, employers should adopt policies and procedures to foresee issues and be prepared when situations arise. The article discusses some factors contributing…

When the Supreme Court decided United States v. Windsor, 133 S. Ct. 2675 (2013), finding Section 3 of the Defense of Marriage Act (DOMA) unconstitutional for precluding recognition of same-sex marriage under federal law, the Court did not address the extent to which the decision would apply retroactively.  More federal guidance may emerge, however, with Schuett v. FedEx, No. 15-cv-189 (N.D. Cal. 2015), the outcome of which could potentially impact numerous employers who relied on DOMA to deny employee or spousal benefits.
Continue Reading California District Court Asked to Determine Retroactive Applicability of United States v. Windsor: Decision Could Impact Employers Who Relied on DOMA to Deny Same-Sex Benefits Claims

Savvy employers know that legal and regulatory trends are toward candid and effective communication. Think interactive process under the ADA. But, at times, this same rule applies to employees. Here, an employee who refused to read the Rosary with a resident was terminated. The refusal was considered failing to perform a requirement of her…

On June 18, 2014, we reported that President Obama would sign an Executive Order prohibiting federal contractors from discriminating against LGBT individuals on the basis of their sexual orientation or gender identity.  As promised, on July 21, Obama issued the Executive Order.  This presidential action amended existing Executive Order 11,246, which applies to federal contractors, by adding sexual orientation and gender identity to the list of classes protected from employment discrimination.  This move also amended existing Executive Order 11,478 by explicitly prohibiting gender identity discrimination by federal government agencies for the first time.  
Continue Reading UPDATE: President Obama Poised to Sign Executive Order Barring Discrimination Based on Sexual Orientation

The White House has announced that President Obama will sign an executive order prohibiting federal contractors from discriminating against individuals on the basis of sexual orientation or gender identity, a move the White House hopes will pressure Congress into passing legislation banning employment discrimination against the lesbian, gay, bisexual and transgender (LGBT) community. The Senate…

On Tuesday April 8, 2014, what is now known as National Equal Pay Day, President Obama took two executive actions aimed at narrowing the wage gap between men and women.

Noting that women are the primary breadwinners in 40% of U.S. Households, while bringing home 23% less than their male counterparts, the President signed a Presidential Memorandum which instructs the Secretary of Labor to propose regulations, within 120 days of the Memorandum, requiring federal contractors to submit summary data on employee compensation paid to their employees, including data by sex and race, to the Department of Labor.   Those regulations would then require the Department of Labor to use that data in a way that would encourage an employers’ voluntary compliance with current equal pay laws, effectively focusing the Department’s efforts toward reducing discrepancies.
Continue Reading Executive Actions Aimed at Equal Pay for Women

A federal court recently ruled that an employer’s rigid application of its light-duty policy could be used as evidence of pregnancy discrimination.  The employer had a policy of providing light-duty jobs only to employees with on-the-job injuries, which the Court here, and the EEOC (Equal Employment Opportunity Commission) in general, have blessed as not showing disability bias against those with impairments caused off-the-job.  Here, however, a pregnant certified nursing assistant who had a temporary lifting restriction was denied a light-duty job.  Since her job required lifting in assisting nursing home residents, the employer considered her to have “resigned” when the employee gave notice of the doctor’s restrictions.  The employee sued.
Continue Reading Rigid Application of Light-Duty Policy May Discriminate Against Pregnant Employees

The EEOC recently issued guidance on how an employer’s stereotypical responses to victims of domestic violence, sexual assault or stalking could run afoul of the discrimination laws. The guidance gives some examples which, to the savvy employer, may appear obvious examples of inappropriate (and unlawful) stereotyping. However, the guidance is worth the read. Why? A…

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

Thought Leadership by our Attorneys.