When the U.S. Supreme Court delivered its opinion in Spokeo, Inc. v. Robins last May, employers, as well as the companies that provide employers with job applicants' background information, argued that the ruling was a significant change to the law of standing. Despite the smokescreen they've attempted to raise, however, Spokeo hasn't changed standing at all, and consumers (including job seekers) are just as empowered to seek redress for Fair Credit Reporting Act violations today as they were before.
The U.S. trucking industry is a paradox. With a growing shortage of drivers, trucking companies desperately need to put more people behind the wheel. At the same time, an increasing number of women are looking to enter the industry, eager for the opportunity. Instead of being welcomed, however, many encounter a hostile work environment, including egregious sexual harassment.
An Arab-American Muslim woman from Morocco alleges that she suffered years of ethnic and religious harassment by the company's Chief Financial Officer, and was then fired 75 minutes after complaining about it. The fourth Circuit reverses summary judgment on her Title VII and § 1981 complaint, in a blockbuster, 46-page opinion that straightens out several wrong turns that district courts take when ruling on dispositive motions.
In The Butler's Child, Outten & Golden Senior Counsel Lewis Steel describes his career spent seeking racial justice as a civil rights lawyer. The book, to be released on June 14th, is a fascinating chronicle of many landmark cases, and a fitting reminder of the continuing fight against racial discrimination in employment, housing, criminal law, governmental services, and education.
In a recent blog post, on Hamilton & Griffin on Rights, Outten & Golden LLP associate Nina Frank discusses recent studies which have found that anti-bias training and sexual harassment awareness training can not only be ineffective, but can actually backfire, resulting in defensiveness and a solidification of discriminatory beliefs. Mindfulness - and mindfulness meditation - should be taken seriously as a tool to combat our knee-jerk reactions to being confronted with our own privilege. Mindfulness can guard against the tendency to become defensive or guilt-ridden, two automatic reactions that can derail meaningful discourse and progressive change.
Addressing an issue that has sowed uncertainty among federal courts, the Second Circuit holds that a Title VII plaintiff satisfies the Rule 8 pleading standard of "plausibility" under the Supreme Court's Iqbal decision simply by alleging the prima facie elements of her case. Swierkiewicz v. Sorema N. A., 534 U.S. 506 (2002), remains good law, and the plaintiff need not anticipate the defendant's furnishing of a non‐discriminatory justification for its action in the complaint. The panel also rejects application of a so-called "manager rule" that would preclude a retaliation claim by an EEO director who opposes discrimination in the course of her duties.
Effective January 1, 2015 the pregnancy discrimination and accommodation amendments to the Illinois Human Rights Act (IHRA) became law, requiring many employers in the state to update or change their policies with respect to expecting and new mothers in the workplace.
A recent decision involving a Title VII disparate impact claim obtained by Outten & Golden from the District Court of Connecticut is gaining increasing attention from employment lawyers attempting to overcome challenges to class certification. The decision distinguishes the Supreme Court decision of Wal-Mart Stores, Inc. v. Dukes, and also highlights the continued importance of Second Circuit precedent in employment class actions brought under Title VII.
UPDATE - 1/21/2012 - D.R. Horton filed a notice of appeal of the NLRB order in the U.S. Court of Appeals for the Fifth Circuit.
On November 16, 2011, the Equal Employment Opportunity Commission ("EEOC") approved, by a 3-2 vote, draft final regulations that provide guidance on the meaning of "the reasonable factor other than age" defense under the Age Discrimination in Employment Act ("ADEA"). These proposed regulations advance the purpose of the ADEA by forcing employers to think twice about whether their policies have an arbitrarily discriminatory effect on older workers.