Recently in Disparate Impact / Disparate Treatment Category

September 13, 2012

Is an employee with managerial duties "similarly situated" to a manager?

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Maybe it's the luck of the draw, but most of the discrimination cases I defend are hostile work environment cases, where an alleged harasser supposedly has made an employee-victim's life miserable with certain comments, jokes, gestures, touchings, you name it.

Far less often do I encounter disparate-treatment claims. A disparate-treatment claim is one where an employee claims that another similarly-situated employee in another class was treated more favorably because of his/her protected class. For example, a female employee claims that similarly-situated male employees are paid more because they are men.

Sounds like the facts of a recent case decided right in my backyard in the Eastern District of Pennsylvania. This case provides a great opportunity to go back to school on what it means to be similarly-situated...after the jump...

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July 26, 2012

Egyptian-born FBI agent + post-9/11 transfer = discrimination claim

I am an F....B.....I.... Agent! 

And if anyone wants to get me this iPad case for Christmas...

Wait, what was I supposed to be writing about? Oh yeah, national-origin discrimination. I'll get it together for you after the jump...

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April 26, 2012

5 takeaways from the EEOC's new guidance on use of criminal records

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Yesterday, the US Equal Employment Opportunity Commission issued updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964. (Title VII is the federal statute that prohibits discrimination in the workplace based on race, color, religion, sex and national origin). You can read a full press release on the updated Enforcement Guidance here.

The press release includes a link to questions and answers about the EEOC's Enforcement Guidance. However, I will summarize the most important points for employers after the jump...

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September 9, 2011

Uneven discipline can lead to big headaches and bigger lawsuits

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A longtime employee of the Secretary of State's office in Illinois claimed that two white managers targeted him for termination because he is black, and two white employees, one of whom was his supervisor, received lesser discipline even though they had engaged in the same alleged misconduct.

Is that right? Can a black employee claiming that he was treated differently because of his race compare himself to a white supervisor for purposes of proving his discrimination claim? Find out, after the jump.

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June 23, 2011

EEOC buzz: deliberate discrimination against job seekers

_1070717photo © 2011 Mark Ou | more info (via: Wylio)Yesterday, the EEOC held a meeting to discuss what it deems a "major national problem"; namely, deliberate discrimination against job seekers based on their race, sex, age, national origin or other prohibited basis.

After the jump, I'll summarize the meeting and offer some tips for employers to help them stay off of the EEOC's radar.

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September 7, 2010

Third Circuit Employment Law 101: ADA Mixed-Motive Disparate Impact Claims

Look what just arrived in today's mail. It's a charge of discrimination from the United States Equal Employment Opportunity Commission. Looks like Robert Rank-And-File -- the guy Pennsylvania-New Jersey-Delaware, Inc. fired from data entry -- alleges that the company terminated him because he's disabled.

I'll show you after the jump.

Continue reading "Third Circuit Employment Law 101: ADA Mixed-Motive Disparate Impact Claims" »