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June 2017 Archives

Donathan v. Oakley Grain, Inc., No. 15-3508 (8th Cir. June 28, 2017)

The Eighth Circuit holds that a granary employee who complained about sex discrimination in her paycheck - only to have her manager initiate her layoff literally minutes later - was entitled to have a jury decide whether she suffered retaliation under the Equal Pay Act, Title VII and the Arkansas Civil Rights Act.

Bayer v. Neiman Marcus Group, Inc., No. 15-15287 (9th Cir. June 26, 2017)

Here's a timely reminder to include a prayer for nominal damages in Title VII and ADA complaints. At least in some circuits, including the Ninth, such relief is deemed equitable and thus may protect a claim from being mooted by intervening changed circumstances. That little toehold for $1.00 in damages may be the difference between outright dismissal and prevailing-party status.

Will Trump's Immigration Crackdown Lead to Wage Abuse?

Have you ever interacted with a cashier, gardener, nail salon employee, call center worker, home health aide, parking attendant, or restaurant server? If so, chances are the person who provided you that service was an undocumented worker.

EEOC v. CONSOL Energy, Inc., No. 16-1230 (4th Cir. June 12, 2017)

The Fourth Circuit affirms a jury verdict and back-pay relief of $586,860 in favor of the EEOC, in a Title VII religious accommodation case where the employer stubbornly "belie[ved] that it could rely on its own understanding of scripture to limit the scope of the accommodation it offered" an employee who, because of his Christian faith, refused to use a hand scanner.

Promotion vs. Reality: Are Companies All Talk and No Action Regarding Workplace Gender Equality?

Gender equality in the workplace and eliminating the gender pay gap are hot topics in the news, with some large brands capitalizing on the discussion to attract female consumers. Using flashy ads, social media campaigns, and press releases, companies say that they're committed to making meaningful cultural changes in their workplaces.

What Employees Should Know in the Wake of the 9th Circuit Pay History Ruling

Employers have the right to pay a man more than a woman for the same work if he had a higher salary at a previous job and there is a "reasonable policy" that justifies the company using past salaries to determine compensation. This was an opinion issued in April by the 9th Circuit in Rizo v. Yovino - a decision that threatens to severely undermine this country's progress on pay equity.

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