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Employee can’t sue for anti-immigrant bias (access required)

Published: May 23, 2012

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Federal employment discrimination law does not provide a remedy for a bank employee who claims she was fired because of her marriage to a Mexican citizen who had entered the U.S. illegally, the 7th Circuit has ruled in affirming a summary judgment.

EEOC transgender ruling could allow gay bias claims (access required)

By: Kimberly Atkins
Published: May 8, 2012

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WASHINGTON – The recent ruling from the Equal Employment Opportunity Commission holding that transgendered workers can bring employment bias claims under Title VII is a “game changer” in employment discrimination law, and could lead to claims under the Act based on sexual orientation.

EEOC issues guidance on worker background checks (access required)

Published: May 1, 2012

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WASHINGTON – The Equal Employment Opportunity Commission has issued updated guidance on employers’ use of criminal background checks in making employment decisions.

Old statute used to challenge employment screening (access required)

By: Sylvia Hsieh
Published: February 24, 2012

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There’s been an uptick in class actions over employment screening practices that use consumer reports as grounds for making decisions about job applicants or employees.

The weapon of choice for lawyers who represent employees is a statute that has been around for years but is just beginning to be used in the employment context.

EEOC sees record number of private sector bias charges (access required)

Published: January 26, 2012

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WASHINGTON – Fueled in part by an increase in age and disability discrimination claims, the Equal Employment Opportunity Commission received a record-high 99,947 charges of employment discrimination in fiscal 2011, the agency announced this week.

Court considers jurisdiction for MSPB appeals (access required)

Published: January 18, 2012

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The U.S. Supreme Court has agreed to decide whether the Federal Circuit or district courts have jurisdiction to hear the appeal of a Merit Systems Protection Board decision that contains disputed termination and unlawful discrimination claims.

Ministerial exception case could have ‘explosive’ impact (access required)

By: Kimberly Atkins
Published: January 17, 2012

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WASHINGTON – The U.S. Supreme Court’s ruling that the First Amendment’s ministerial exception bars job-bias suits against religion-based employers will likely have an impact far beyond discrimination claims.

The affirmative defense could be invoked in other cases, including those alleging sexual abuse by members of the clergy.

EMPLOYMENT LAW (access required)

Published: January 13, 2012

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Does the Federal Circuit or district courts have jurisdiction to hear the appeal of a Merit Systems Protection Board decision that contains both disputed termination and unlawful discrimination claims?

See “Court considers jurisdiction for MSPB appeals

Kloeckner v. Solis, No. 11-184.Certiorari granted:  Jan. 13, 2012. Ruling
» Continue Reading.

Separation agreement inadmissible in Title VII case (access required)

Published: December 30, 2011

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A gender discrimination plaintiff should not have been allowed to introduce evidence of a proposed separation agreement in order to prove her employer’s liability, the 8th Circuit has ruled in reversing a $709,000 judgment.

EEOC cuts charge inventory for first time in nine years (access required)

Published: November 18, 2011

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WASHINGTON – In the same year that the Equal Employment Opportunity Commission received the largest number new discrimination charges in its 46-year history, the agency also reduced its current charge backlog by 10 percent – the first such reduction in almost a decade.

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