Supreme Court Issues Important Decision in Discrimination Case
In Staub v. Proctor Hospital, the US Supreme Court just issued an important unanimous decision in this military-service-based discrimination case. This case concerns the so-called “cat’s paw” theory of liability, under which one supervisor acts with discriminatory intent against the plaintiff, but the plaintiff is actually fired by another supervisor. The case arose under the Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects members of the military from workplace discrimination based on their military position or service. The Court held...
Read MoreFourth Circuit Rules USERRA Retaliation Claim Can Go To Trial
In a recent unpublished opinion, Bunting v. Town of Ocean City, the Fourth Circuit partially overturned a grant of summary judgment and allowed the plaintiff to proceed to trial on his USERRA retaliation claim. USERRA is a federal statute that protects armed service members from being discriminated in employment because of their service. Like other anti-discrimination laws, USERRA also protects against employer retaliation because of filing a USERRA complaint. In this case, a police sergeant filed a USERRA complaint about service-based discrimination and was subsequently denied...
Read MoreSupreme Court Endorses Associational Retaliation Claim
Late last month, in Thompson v. North American Stainless, the Supreme Court unanimously concluded that firing a worker’s fiancé in retaliation for a sex discrimination claim filed by the worker is itself unlawful retaliation under Title VII. The anti-retaliation provision of Title VII prohibits any employer action that “well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.” The Court had little trouble concluding that “a reasonable worker might be dissuaded from engaging in protected activity if she knew that her fiancé would...
Read MoreEEOC Sees Increase in Discrimination Claims
In the past year, the Equal Employment Opportunity Commission (EEOC) has seen 7.2 % in discrimination claims being filed with agency. Coverage here. The EEOC handles charges under Title VII, the ADA, the ADEA, the Equal Pay Act, and GINA. EEOC Chair Jacqueline A. Berrien stated, “Discrimination continues to be a substantial problem for too many job seekers and workers, and we must continue to build our capacity to enforce the laws that ensure that workplaces are free of unlawful bias.” Detailed statistics on the charges filed with the EEOC are available on its...
Read MoreNC Court of Appeals Supports Employment Contract Claim
In Lockett v. Sister-2-Sister Solutions, Inc., the North Carolina Court of Appeals reversed the dismissal of a breach of contract claim based on the plaintiff’s employment. In this case, the plaintiff had an employment contract with the defendant that provided that he could only be fired for cause. The Court held that “an employment relationship that can be terminated by the employer only for cause would succeed in removing an employment contract from the presumption of at-will employment.” Therefore, the plaintiff can have a breach of contract claim for being...
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