Tag: Discrimination

Coronavirus (COVID-19) and Your Employment

Corona virus and employment laws

Coronavirus/Covid-19 and Your Employment: A pandemic is upon us and even the doubters are realizing that the Coronavirus aka COVID-19 is going to have a dramatic impact on our health, our daily lives, and our employment.  With all the drastic measures being taken by local, state, and federal government, it is important for you to know what your rights are as an employee in this unprecedented time. Because the actions of government and lawmakers are rapidly changing, we will keep this article updated as the changes go into effect.

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“Sleeping Her Way to the Top”: How Female Employees May Have a Claim for Sex Discrimination Under Title VII Based on False Rumors About Sleeping With a Supervisor

Successful women, especially in male-dominated professions, are well-acquainted with this accusation. It’s humiliating on numerous levels, but perhaps most damaging is the suggestion that the woman didn’t actually earn the position she achieved. Continue reading ““Sleeping Her Way to the Top”: How Female Employees May Have a Claim for Sex Discrimination Under Title VII Based on False Rumors About Sleeping With a Supervisor”

Cat’s Paw Theory: Can a Company be held liable if the discriminating supervisor and the individual(s) who made the decision to terminate are different?

Traditional discrimination or retaliation claims involves the employer taking the discriminatory or retaliatory action. Often times companies will try to create an independent process for terminating an employee to avoid liability. For example: an employee receives several disciplinary write-ups. After a certain amount of write-ups, Human Resources becomes involved. At large companies, the HR Representative may have never met the individual. After review the write-ups, HR determines to terminate the individual. Companies then argue, how could the termination be discriminatory or retaliatory if the individual making the decision has never even met the employee being terminated? Clever. But so are Judges.
Continue reading “Cat’s Paw Theory: Can a Company be held liable if the discriminating supervisor and the individual(s) who made the decision to terminate are different?”

When is Third Party Retaliation an Actionable Claim?

The Supreme Court has held that an employer can be found liable for terminating an employee when that employee’s fiance has engaged in a protected activity (Opposing discrimination, complaining about harassment, etc.) under Title VII (Discrimination). So what relationship needs to exist between the Third Party and the individual engaging in the protective activity to have an actionable claim? The Supreme Court has provided a factor test: Justice Scalia suggests that there are two factors that determine whether third-party retaliation is unlawful under Title VII: 1. The nature of the relationship; and 2. The severity of the employer’s action. Thus, he states: “We expect that firing a close family member will almost always meet the Burlington standard, and inflicting a milder reprisal on a mere acquaintance will almost never do so.” Read more on Unlawful Third Party Retaliation.