The Seventh Circuit's opinion contains useful guidance for employees suffering disability discrimination and harassment. One key takeaway: plaintiffs should not be quick to assume - in charging, pleading and proving a hostile-work-environment claim - that harassment always constitutes one continuing violation. "[A] substantial passage of time without incident known to the employer, a change in the employee's supervisors, [or] an intervening remedial action by the employer" may break the chain.
Over the last decade, the U.S. Equal Employment Opportunity Commission has received an average of 3,573 charges of religious discrimination under Title VII of the Civil Rights Act. Those are just the reported incidents; many more are suspected of going unreported, further highlighting the prevalence of religious-based discrimination in workplaces across the country.
Science fiction movies and sensational headlines warn us that artificial intelligence (AI) is going to make our jobs obsolete, widen the chasm between the very rich and the barely-surviving poor, and even develop superior consciousness. Far-fetched fantasies aside, many of AI's applications pose some very real threats to the modern workplace.
As the #MeToo movement sweeps through popular culture, unseating powerhouses in industries from entertainment to politics to academia, the financial industry has been remarkably quiet. On Wall Street, complaints of sexism, gender discrimination, and sexual harassment have simmered for years, but there have been no significant personalities removed from their positions or otherwise dethroned from power.
From the schoolyard to the workplace, bullying is an epidemic. Because mistreatment and abuse of employees can result in legal action and liability, one would think lawyers and law firms would be vigilant in stopping or preventing bullying in their offices. Surveys of workers in the legal profession show otherwise.
Many immigrants in the U.S. who are not on the path to citizenship, particularly those previously protected by the DACA program, still pursue the American dream of a college education and buying their own home and car along with other major purchases.
Each year, before the teams draft new talent for the following fall season, the NFL organizes its Scouting Combine, a multi-day evaluation and audition process for the most promising football players. Hundreds of hopeful athletes compete to improve their chances to be drafted into a professional football career. Like every other job interview, this one takes guts, stamina, and talent, and a player's personality factors into hiring decisions.
Given recent headlines about Uber and Google, it might be tempting to assume that tech is the only sector still facing stubborn problems with gender discrimination, hostile work environments, and sexual harassment. That certainly isn't the case, and one only has to look at the financial services industry to see that the issue is very prevalent in many other workplaces.
New York City's Commission on Human Rights saw a staggering 60 percent jump in discrimination and harassment complaints in 2016. In 2017, complaints are up an addition al 30% so far this year. Of these complaints, approximately 40 percent are reports of discrimination or harassment based on a person's race, religion, national origin and immigration status. The Commission says it has nearly doubled its investigations into that category of complaints in the past two years.
The Seventh Circuit decides a couple of useful things in this Title VII and § 1983 national-origin discrimination, harassment, and retaliation case, set in a City of Chicago firehouse. First, it holds that even petty activity such as lunch-stealing may constitute part of a hostile work environment when the entire pattern of conduct is considered together. Second, even such tedious activities as constantly shifting an employee from site to site, and intensively challenging fitness for duty after medical leave, may constitute materially adverse employment actions.