Articles Posted in Discrimination and Unlawful Harassment

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Yesterday, the U.S. Equal Employment Opportunity Commission shared new guidance for employers to avoid caregiver discrimination issues for employees with caregiver responsibilities during the COVID-19 pandemic. The EEOC included a new section on caregivers/family responsibilities in its ongoing COVID-19 FAQ, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other “EO Laws.” There’s even a new short video explaining caregiver discrimination in English and Spanish.

The EEOC has a clear message for employers when employees need time away from the office to care for others.

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Fortunately, the COVID-19 pandemic is waning. Yet, past workplace incidents are now surfacing in court as COVID-19 discrimination lawsuits. A common thread with many of these lawsuits is an employee with COVID-19 who gets fired and claims disability discrimination.

That begs the question: when is COVID-19 a disability under the Americans with Disabilities Act?

I’ll supply a fact pattern. You grab a gavel, black robe, and perhaps one of those white wigs, and we’ll see what you think. Continue reading

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About six years ago, five players on the U.S. Women’s National Soccer Team (USWNT) filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission against the U.S. Soccer Federation (USSF). The women claimed that they were paid up to four times less than their male counterparts for doing basically the same job. Continue reading

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A plaintiff asserting a retaliation claim against his employer must establish three elements:

  1. A protected activity (such as complaining about discrimination),
  2. A materially adverse employment action (such as a termination of employment), and
  3. A connection between the first and second element (i.e., an employer fired him for complaining about discrimination)

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And that’s just the tip of the iceberg in this blistering (albeit, PG-rated) 58-page dissent to yesterday’s non-precedential Fifth Circuit decision, in which the majority concluded that a private company’s workplace vaccine mandate could irreparably harm individuals with disabilities and strong religious beliefs. Continue reading

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