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Report Link "Associational Discrimination" Claims Are on the Rise.Jackson Lewis LLP - September 08, 2009 Courts recently have interpreted anti-discrimination laws to provide statutory protection for workers who are not members of a particular protected category, but who have a relationship with “protected” persons. By doing so, courts have extended greatly the scope of federal anti-discrimination laws. Report Link Supreme Court Rules ADEA Plaintiffs are Not Entitled to "Mixed Motive" Instruction.Jackson Lewis LLP - June 26, 2009 Rejecting the view of many lower courts, the Supreme Court has determined, by a 5-4 vote, that under the federal Age Discrimination in Employment Act (“ADEA”), employees alleging disparate treatment must prove that age discrimination was the “but-for” cause of an adverse employment action in order to prevail. Therefore, to prove their case, it is no longer sufficient for plaintiffs to show at a minimum that age discrimination was merely a “motivating factor” or “mixed motive” in an adverse employment action. Report Link For Better or for Worse, in Sickness and in Health (pdf).Vedder Price - June 05, 2008 In an effort to control health
care costs, many employers
are more closely monitoring
(and in some cases, managing)
claims made by employees and
their family members. Doing so
is not without risk, as one
employer, Proctor Hospital,
discovered when clinical
manager Phyllis Dewitt fi led a
lawsuit against it under the
ADA. Dewitt alleged that the
hospital violated the ADA in its
attempt to control costs relating
to treatment her husband was
receiving for prostate cancer. Report Link Second Circuit Permits Title VII Claim Based on Association to Proceed.Ford & Harrison LLP - April 25, 2008 The Second Circuit recently reversed a trial court’s decision granting summary judgment in favor of an employer, holding that an employer may violate Title VII if it takes action against an employee because of the employee’s association with a person of another race. See Holcomb v. Iona College (April 1, 2007). In this case, Holcomb, who is white, claimed the college discharged him from his job as an assistant basketball coach because he was married to a black woman. The college claimed he was discharged as part of an overhaul of its staff in an effort to improve a poorly performing basketball team. Report Link "Associational" Discrimination Claims a Growing Concern for Employers.Jackson Lewis LLP - April 21, 2008 Title VII of the federal Civil Rights Act of 1964 prohibits employers from discriminating against employees based on race, color, religion, sex or national origin. Title VII also prohibits discrimination against employees who have opposed any practice that is an unlawful employment practice under Title VII, or who have made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing involving an alleged violation of Title VII. Report Link Employee may sue for "association bias" (pdf).Ogletree Deakins - April 22, 2005 Court Finds Reasons For Discharge May Be Pretextual. Report Link Disability "Association" Discrimination Under the ADA (pdf).Vedder Price - July 12, 2004 The United States Court of Appeals for the Seventh Circuit recently addressed for the first time a claim situated employee who did not apply for atypically large benefits, was subjected to an adverse employment action (termination).
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ArticlesFound: 7 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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