Title VII requires an employee alleging unlawful discrimination or retaliation to file an administrative charge with the EEOC (or a similar a state or local agency with authority to seek relief) before bringing a suit in court. EEOC is charged with investigating claims and pursuing conciliation between the employee and employer where appropriate. The purpose of
VII
Eighth Circuit Reverses $4.5 Million Sanction Against EEOC
Two years ago, Judge Linda Reade of the U.S. District Court for the Northern District of Iowa made headlines when she dismissed an EEOC lawsuit on behalf of 270 current and former female long haul drivers of Cedar Rapids based CRST Van Expedited. What was notable about the decision was not so much the dismissal itself as…
Supreme Court Expands (Again) the Universe of Employees Protected From Retaliation
In a unanimous decision yesterday, the U.S. Supreme Court expanded the universe of employees who might be protected from retaliation under Title VII and other federal employment laws.
A retaliation claim is based upon an employer’s adverse action taken in response to an employee’s “protected activity”. Typically, protected activity includes things such as making a complaint …
Should the Decision to Terminate an Employee Who Uses the “N-word” Depend Upon the Employee’s Race?
A federal judge in the Eastern District of Pennsylvania recently waded into this thorny subject. The case is Burlington v. News Corp., in which a white television reporter for the Fox affiliate in Philadelphia alleges he was terminated for using the “n-word”. The suit claims black employees who also had uttered the word were not even disciplined.
It all …
Iowa Jury Finds for Plaintiff in Gender Sterotyping Case
A jury in the U.S. District Court, Southern District of Iowa recently returned a verdict in excess of $50,000 to a female plaintiff alleging sex discrimination based upon gender stereotypes. The plaintiff, who was a night auditor at a hotel, claimed she was terminated because she was more masculine than a typical female employee. She …