EEOC background check suits wake-up call for employers 
By:
Kimberly Atkins
Published: June 13, 2013
Tags: criminal background checks, disparate impact, EEOC, employment discrimination, Title VII
WASHINGTON – The U.S. Equal Employment Opportunity Commission’s lawsuits against two companies alleging unlawful and discriminatory use of criminal background checks in their hiring policies should serve as a reminder to employers to tread carefully.
Mixed feelings in mixed-motive Title VII case
By:
Kimberly Atkins
Published: April 24, 2013
Tags: employment discrimination, mixed-motive retaliation, Title VII, U.S. Supreme Court
WASHINGTON – The justices of the U.S. Supreme Court seemed to have mixed feelings about allowing an employee asserting a Title VII-based retaliation claim to prove that his complaint of discrimination was one motivating factor for the employer’s adverse action rather than the but-for cause.
EEOC study cites ‘unconscious bias’ as problem in federal workforce
Published: March 25, 2013
Tags: EEOC, employment discrimination, Equal Employment Opportunity Commission, federal sector, unconscious bias
Unconscious biases and perceptions pose significant obstacles for African-Americans seeking jobs and advancement in the federal sector, according to a new report from the Equal Employment Opportunity Commission.
Hostile environment suit isn’t time-barred
Published: January 18, 2013
Tags: employment discrimination, hostile work environment, National Railroad Passenger Corp. v. Morgan, Title VII
A hostile environment plaintiff was not required to show the “permanence” of underlying acts of discrimination in order to proceed under a continuing violation theory, the 3rd Circuit has ruled in reversing a summary judgment.
‘Mixed-case’ appeals must be heard by district court
By:
Kimberly Atkins
Published: December 10, 2012
Tags: employment discrimination, Merit Systems Protection Board, mixed-case, retaliation, U.S. Supreme Court
A federal employee seeking judicial review of a Merit Systems Protection Board decision dismissing an employment related “mixed-case” appeal must go to district court, not the Federal Circuit, the U.S. Supreme Court has unanimously ruled.
Title VII plaintiff bound by oral settlement offer
Published: December 6, 2012
Tags: employment discrimination, settlement, Title VII
An employment discrimination plaintiff was bound by the terms of an oral settlement offer made by his attorney during the course of mediation, the 5th Circuit has ruled in affirming judgment.
Supreme Court ponders who’s a ‘supervisor’ under Title VII
By:
Kimberly Atkins
Published: November 26, 2012
Tags: employment discrimination, harassment, retaliation, supervisor liability, Title VII, U.S. Supreme Court
WASHINGTON – The justices of the U.S. Supreme Court took up the case of Vance v. Ball State University to decide when a harasser is a “supervisor” such that the employer can be held vicariously liable under Title VII.
In-house lawyer can’t use confidences in job-bias suit
Published: November 14, 2012
Tags: employment discrimination, ethics, Rules of Professional Conduct
An in-house lawyer generally may not use her employer’s confidences in support of her claim for employment discrimination, a District of Columbia ethics committee has concluded.
‘Ledbetter’ doesn’t revive state unequal pay suit
Published: September 18, 2012
Tags: civil rights, employment discrimination, Lilly Ledbetter Fair Pay Act, statute of limitations
Federal law regarding the accrual of unequal pay claims cannot be applied to revive an employment discrimination lawsuit brought under state law, the Texas Supreme Court has ruled in reinstating a dismissal.
CBA didn’t waive union member’s right to sue
Published: September 18, 2012
Tags: collective bargaining agreement, employment discrimination, Title VII
The terms of a collective bargaining agreement did not waive a union member’s right to bring an individual lawsuit for Title VII employment discrimination, the 5th Circuit has ruled in reversing a summary judgment.
