Title VII

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The EEOC filed suit recently in the United Stated District Court for the Southern District of Texas alleging that an employer discriminated against non-Hispanic applicants by requiring that they be Spanish-speaking.  See EEOC v. Champion Fiberglass, Inc., Civil Action No. 4:17-cv-2226.  A copy of the Complaint can be viewed here. The EEOC alleges…

The issue of who is a “partner” and thus not an employee continues to vex professional firms.   Layers, doctors, dentists and other professionals often consider themselves non-employees, at least until they suffer an adverse workplace decision.  Then, they may choose to describe their situation as employees, not non-employee owners.  The distinction between employee and “partner”…

A federal magistrate in New York has recommended that an employment discrimination case survive a dismissal motion even though some of the claims relied on facts that occurred outside the statute of limitation. Grimes-Jenkins v. Consolidated Edison Company of New York, Inc., 16-cv-4897.  In Grimes, the Plaintiff alleged claims of discrimination and retaliation…

A federal district court granted an employer’s summary judgment motion in light of evidence that employees allegedly not disciplined for similar infractions as the plaintiff included those of the same race and color as the plaintiff..  The Court ruled that the purported inconsistency in enforcement, if any, was not because of the plaintiff’s race or …

An Ohio federal district court recently denied a former employer’s motion for judgment on the pleadings, holding that the plaintiff could proceed with her retaliation claim even though she signed a settlement agreement and general release. Bryant v. Central Community Health Board (Case no. 16cv00620 March 29, 2017).  This case focuses upon what is (and…

In Christiansen v Omnicom Grp., Inc. (Docket No. 16-748), Plaintiff alleged that his supervisor drew a picture of him in tights and a low-cut shirt “prancing around,” and made a poster depicting plaintiff’s head attached to a female body clad in a bikini, which resulted in one co-worker referring to plaintiff as a “submissive …

On March 10, 2017, the Court of Appeals for the Eleventh Circuit in Evans v. Georgia Regional Hospital held that sexual orientation discrimination is not actionable under Title VII.

In Evans, the plaintiff was a security officer at Georgia Regional Hospital.  During her employment, the plaintiff claimed she was discriminated on the basis of…

A federal district court in Alabama granted an employer’s motion for summary judgment regarding a former general manager’s hostile work environment claims.  Thrower v. Yedla Management Co. Plaintiff, a Caucasian female, alleged that during her employment, the Purchasing Manager mistreated her on the basis of gender and race, creating a hostile work environment by excessively…

A Louisiana federal district court granted a company’s motion for summary judgment regarding a former employee’s Title VII race discrimination, harassment, and retaliation claims.  Cassimere v. Fastorq LLC. Plaintiff, an African-American male, alleged that during his employment, he was, among other things, issued disciplinary write-ups while non-African American employees were not and that the …