In a unanimous decision, the U.S. Supreme Court has ruled that Abercrombie & Fitch may have discriminated against a job applicant when it rejected the applicant because she wore a hijab (a Muslim head scarf) during her interview. At the time, Abercrombie had a dress code that prohibited employees from wearing hats or other head […]
Implications of U.S. Supreme Court’s Announcement of Constitutional Protections for Same Sex Marriage – Employment Law and Otherwise – Part Two
By now, most Americans have heard that the U.S. Supreme Court has announced constitutional protections for same sex marriage. This means that same sex marriage is legal and protected in all fifty states. But, the resolution of the marriage issue raises a host of new issues. This article addresses just a handful of those issues. […]
U.S. Supreme Court to Consider Pregnancy Discrimination Case
The U.S. Supreme Court has scheduled oral argument for December 4, 2014 in a case involving allegations of pregnancy discrimination. Historically, claims of pregnancy discrimination have been analyzed the same as all other claims of gender discrimination under Title VII, with pregnant women being entitled to no better or worse treatment than non-pregnant employees. Where […]
EEOC Sues Over Criminal Background Checks
In a previous post here, I noted that the Equal Employment Opportunity Commission, or EEOC, had begun to focus on criminal background checks by employers. The thinking is that requiring criminal background checks can constitute illegal discrimination on the basis of race because a higher percentage of African Americans than Caucasians have criminal convictions. Thus, […]
EEOC Announces New Strategic Plan
The Equal Employment Opportunity Commission (“EEOC”) has issued a draft of its new 4-year strategic plan that is scheduled to take effect on October 1, 2012. While the strategic plan doesn’t tell us exactly which cases the EEOC will find most important (and specific facts will generally determine the likelihood of the EEOC investigating a […]
11th Circuit Court of Appeals Holds that a Cause of Action Exists for Retaliatory Hostile Work Environment
The U.S. 11th Circuit Court of Appeals (one of 11 courts that are one step below the U.S. Supreme Court) has concluded that an employee can pursue a claim where the employee was retaliated against by being required to work in a hostile environment. This ruling has the effect of creating a new cause of […]
