Former Attorney General Eric H. Holder, Jr. recently released portions of his law firm’s report and recommendations to Uber on sexual harassment and lack of diversity problems within the company. Here are five of the recommendations that stand out as novel and innovative. #1: Use a “blind resume” or “blind audition” type of selection process One … Continued
Two important federal laws protect employees from racial discrimination: Title VII of the 1964 Civil Rights Act (Title VII) and 42 U.S.C. 1981 (Section 1981). Courts often analyze legal claims under these two statutes in a very similar, if not identical, fashion and the same set of facts can be pursued under both laws simultaneously. … Continued
This past week, a federal district court in the U.S. Court of Appeals for the Fourth Circuit issued a decision analyzing the pretext stage in a Title VII promotion discrimination case. In McLaughlin v. CSX, 2017 WL 2406718 (D.S.C. June 2, 2017), the court held that the employee had provided enough evidence to survive summary … Continued
Lawyers occasionally refer to a “constructive discharge” claim when talking about an employee who has involuntarily resigned from their job. Sometimes it’s referred to as constructive termination, constructive dismissal, or constructive discharge. But it all boils down to a basic question: were your working conditions so unbearable that you had no other choice but to quit … Continued
In a glass ceiling or other employment discrimination case, one of the factors a court will likely analyze is how the company treated you compared to other “similarly situated employees.” The precise definition of who is a similarly situated employee varies depending on the specific legal claim and in which federal court you file your case. … Continued
When the media report on workplace sexual harassment issues, they sometimes refer to “quid pro quo” discrimination. While the approximate translation is “something for something” or “this for that,” a recent federal appellate decision, Jones v. Needham, No. 16-6156, 2017 WL 1959972 (10th Cir. May 12, 2017), sheds additional light on the legal framework of a … Continued
You’ve performed impressively in an upper management position at your company but, despite trying multiple times and having excellent qualifications, you still haven’t been able to reach that final level of the executive pyramid. Not wanting to jump to conclusions, you took a hard look at how you and your team have performed, the revenue you … Continued
If you believe you’ve been unfairly passed over for a key promotion by your company, this whiteboard video offers some insights and tips on what to do next. If you have questions, contact an experienced employment discrimination lawyer to discuss your legal options and protect your rights.
A federal appellate court ruled yesterday that a Muslim employee of Astoria Bank who was allegedly subjected to a “steady barrage” of shameful racist and anti-Muslim statements should be allowed to present her hostile work environment claim to a jury. Ahmed v Astoria Bank, No. 16-1389 (2d. Cir. May 9, 2017). Among other things, a senior … Continued
The Equal Employment Opportunity Commission (EEOC) recently announced that it had settled a long-running glass ceiling/promotion discrimination case on behalf of female employees against Sterling Jewelers. The main focus of the EEOC’s complaint alleged that Sterling Jewelers had a glass ceiling for female retail sales employees under which women were paid less and were not promoted … Continued
