Articles Posted in Discrimination and Unlawful Harassment

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An employee in his early sixties worked under several managers, one of whom referred to the employee as “my b***h,” “motherf****r,” “old fart,” and “old motherf****r.” Upon seeking a raise, another manager told him that he was making too much money already and that “knowledge [did] not matter.” The employee interpreted this as an ageist comment because knowledge comes with age. Sometime later, two of his managers told him the company was “getting rid of the older guys,” which the employee understood as a threat that the company would try to push him out. Continue reading

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The U.S. Equal Employment Opportunity Commission recently sued an employer who told an employee to leave on her first day of work shortly after she requested reasonable accommodations for her visual impairments and later fired her the same day after the employee’s advocate offered to pay for accommodations.

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On Friday, a federal judge in Arkansas dismissed a lawsuit that 17 states had filed challenging aspects of the U.S. Equal Employment Opportunity Commission’s final rule to implement the Pregnant Workers Fairness Act (PWFA)  — specifically the part that deals with “elective abortions.”

Yesterday, another federal judge in Louisiana enjoined the EEOC from requiring employers in Louisiana and Mississippi to accommodate elective abortions, i.e., an abortion prompted exclusively by the woman’s choice, where no physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions exists. Continue reading

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On Friday, a federal judge in Arkansas dismissed a lawsuit that 17 states had filed challenging aspects of the U.S. Equal Employment Opportunity Commission‘s final rule to implement the Pregnant Workers Fairness Act (PWFA)  — specifically the part that deals with “elective abortions.” Continue reading

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A federal appellate court recently breathed new life into the discrimination claims of a tanker driver alleging that his race motivated his employer to terminate his employment for it deemed reckless driving. His evidence? His employer had treated him differently than other tanker drivers who engaged in conduct that was similar enough to his.

So, let’s explore how other employees may be similarly situated to one another in the context of a discrimination claim. Continue reading

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The Americans with Disabilities Act requires employers to make reasonable accommodations for a qualified individual with a disability unless doing so will impose an undue hardship on its business. A plaintiff who claims that their employer failed to accommodate them must initially establish that they could perform the position’s essential functions and that the employer refused to provide an accommodation.

Most courts have found that an employer’s good faith attempt to accommodate is insufficient. However, those courts will not impose liability unless the plaintiff establishes an alternative reasonable accommodation. Continue reading

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