Total Articles: 6
Insubordinate Employee Does Not Meet Employer’s Legitimate Expectations.
Unless an individual can prove that she is meeting the expectations of her employer, that individual cannot set forth the prima facie case necessary to support a claim of workplace discrimination. The 7th U.S. Circuit Court of Appeals has found that an employee who was fired for insubordination was not meeting an employer’s legitimate business expectations after she engaged in arguments with her co-workers, the general manager, and the owner of the business. The Court further found that the insubordination was a non-discriminatory reason that overcame the employee’s claim that her termination for insubordination was a “pretext” for discrimination.
Miranda Warning to Employers: What You Say May Be Used Against You (pdf).
Employers must take care that their stated legitimate non-discriminatory reason for terminating an employee is consistent -- variance in a position statement might preclude summary judgment.
Professor's Claim of Unequal Funding Does Not Implicate Title VII (pdf).
Third Circuit also rejects retaliation claim.
American Airlines Employee's Sex Discrimination Case Fails (pdf).
Court refuses to second guess employer.
Texas Worker's Failure-To-Promote Claim Rejected By Court (pdf).
The federal appellate court with jurisdiction
in Texas recently dismissed a
lawsuit brought by an African-American
worker who claimed that she was
denied a promotion based on her age,
race and gender. According to the Fifth
Circuit Court of Appeals, the worker
failed to prove that she was more qualified
that a younger, male employee
who was selected for the position.
United States Supreme Court Broadens Worker's Ability To Allege Bias.
Discusses Swierkiewicz v. Soreman N.A., No. 00-1853, 534 U.S. __ (U.S. Feb. 26, 2002), in which the court held that complaints of employment discrimination cannot be dismissed solely for having failed to plead facts to satisfy each element of the McDonnell Douglas prima facie case.
