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Steptoe & Johnson Recent News- Gene Jazwinski Joins Steptoe & Johnson May 16, 2012
- PA PUC Issues Order for Unconventional Well Impact Fees May 15, 2012
- WV Legislative Update - 5/11/12 May 11, 2012
- Land Management Bureau Issues Fracing Regs for Public Lands May 9, 2012
- Jim Wright Sworn in as WV State Bar President May 9, 2012
Category Archives: Discrimination (Title VII / EEO)
WHERE’S THE BEEF
Almost everyone directly involved in litigation has seen it.
Also posted in General Employer Interest Leave a comment
A COMPARATIVE LESSON
Recently, the Supreme Court of Appeals of West Virginia took occasion to hand down an important decision reminding employees in the state that if they are going to sue their employer for “disparate treatment” discrimination, they must demonstrate that a similarly situated person in a non-protected group was actually treated differently.
Also posted in Discipline and Discharge, General Employer Interest Leave a comment
THE “ENGLISH-ONLY” WORKPLACE?
It should come as no surprise that employers should exercise extreme caution when considering an “English-only” rule in the workplace. Not only are “English-only” rules legally difficult to defend, but they can also generate a significant amount of negative publicity and create friction in the workplace.
Also posted in General Employer Interest Leave a comment
WHEN THE FAILURE TO PROMOTE EQUALLY IS NOT THE SAME AS THE FAILURE TO PAY EQUALLY
A few months back, I talked here about the well-known Ledbetter v. Goodyear Tire and Rubber case, and about Congress’ subsequent overturning of that case – with President Barack Obama’s blessing, if not his urging – by the Lilly Ledbetter Fair Pay Act (“FPA”).
Also posted in Wage and Hour Leave a comment
DIABETIC DISTINCTIONS: THE ADA AND THE ADAAA
While the enactment of the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”) has placed the landscape of federal disabilities law squarely in a state of transition, it continues to be the position of the West Virginia Supreme Court of Appeals that decisions interpreting the Americans with Disabilities Act of 1990 (“ADA”), the predecessor [...]
Also posted in Americans with Disabilities Act (ADA) Leave a comment
RELIGIOUS DISCRIMINATION CLAIMS ON HIGH
Religion has been a hot topic in the American media in recent weeks. Thus, this is a good time to review the sections of Title VII of the Civil Rights Act of 1964 that prohibit religious discrimination. According to the Equal Employment Opportunity Commission (“EEOC”), the number of religion-based charges filed under Title VII has [...]
MEOW: ‘CAT’S PAW’ LIABILITY TO FINALLY BE SETTLED?
While the United States Supreme Court already has issued a host of employment-related decisions this year – some of which we discussed here, here, here and here – the Nation’s Highest Court will soon issue another, and this time, hopefully settle a deep conflict among the Federal Circuits with respect to an issue that has [...]
Also posted in General Employer Interest Leave a comment
TO BE CRUDE OR TO BE HARASSED?
What’s an onslaught of labor and employment decisions without a juicy sexual harassment case? Continuing the pattern of growth in labor and employment jurisprudence we’ve seen in the last several months, the Fourth Circuit Court of Appeals’ recent decision in EEOC v. Fairbrook Medical Clinic, P.A. revisited the standard governing sex-based hostile work environment claims brought [...]
Also posted in Harassment Leave a comment
SUPREME COURT TO SHED LIGHT ON LARGE CLASS ACTION DISCRIMINATION CLAIMS