Articles Posted in Employment Law

On February 6, a panel of the US Court of Appeals for the Fifth Circuit held that Title VII of the Civil Rights Act of 1964—which protects employees from discrimination on the basis of race, color, religion, sex, and national origin—does not protect employees from discrimination on the basis of transgender identity. In doing so, the court also affirmed its own 1979 decision that Title VII does not protect employees from discrimination on the basis of sexual orientation. That interpretation of Title VII is at odds with the present interpretation by the Equal Employment Opportunity Commission (EEOC)—the agency charged with enforcing Title VII—as well as that of several other federal circuit courts.

The consumer advocacy non-profit organization, Public Citizen, filed a lawsuit in federal district court on January 25th, challenging the roll back of an Obama-era worker safety rule. The Tracking of Workplace Injuries and Illnesses rule was created to collect more complete data on workplace injuries in order to…

On Wednesday, U.S. District Court Judge James Gritzner overturned an Iowa law that made it illegal to obtain employment at a livestock farm to investigate animal cruelty through an undercover approach. The federal judge found the law to be a violation of the constitutional right to free speech.

In its first decision from this term, the U.S. Supreme Court unanimously ruled earlier today that state and local governments must follow labor laws that ban age discrimination regardless of the number of their employees. Plaintiffs in Mount Lemmon Fire District v. Guido were two former Arizona firefighters who argued that the Mount Lemmon Fire District laid them off in violation of the Age Discrimination in Employment Act (ADEA). Because the fire department had fewer than 20 employees, the defendant argued that they were too small to qualify as an employer who had to comply with the law.

In a suit filed in San Mateo County, former content moderator Selena Scola alleges negligence and failure to maintain a safe workplace. She is claiming that the "disturbing" images that her job required her to watch led her to develop post-traumatic stress disorder.

Last week the US Equal Employment Opportunity Commission (EEOC) announced that they filed a class action lawsuit against Walmart Inc., alleging the company unlawfully discriminated against pregnant workers for years at a Wisconsin warehouse. Pregnancy discrimination in employment is prohibited by the 1964 Civil Rights Act. The EEOC is seeking back pay for the pregnant workers, punitive damages against Walmart, and "measures to correct Walmart's practices going forward."

On Thursday, August 30, 2018, arbitrator Stephen B. Burbank ruled that Colin Kaepernick's lawyers presented enough evidence in his collusion case against the National Football League to proceed to a full hearing. Kaepernick's lawyers will be presented with the opportunity to question league officials, owners, and other parties with regard to the collusion case.

A bill aimed to help employees who have experienced sexual harassment and discrimination on the job sue their employers in a court of law, rather than private arbitration, has been passed by the California Assembly.

A class action lawsuit has been filed against Nike by four female employees who worked in the company’s corporate headquarters which claim violations of the Equal Pay Act. The lawsuit further claims Nike ignored rampant sexual harassment in the company.

The technology, referred to as "listening to the frontend," would use a series of sensors in the cashier area to collect audio data. This data could include conversations between guests and customers at checkout.