Archives: Discrimination

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New proposals for post-Brexit maternity protection – use German law

Back in March 2016 I posted a piece querying the headlines over an Equalities and Human Rights Commission report on maternity and pregnancy discrimination at work. The short point was that the report did not justify the apocalyptic headlines about the treatment of women who were pregnant or on maternity leave. Looked at close up, … Continue Reading

Trending Topic: Gender Identity Discrimination

In April 2012, the EEOC held for the first time in Macy v. Holder that transgender discrimination is sex discrimination and that Title VII sex discrimination prohibits discrimination of a job applicant based upon her status as a transgender woman. The opinion relied heavily on the US Supreme Court’s decision in Price Waterhouse v. Hopkins, … Continue Reading

Thriving at Work

Today saw the publication of the Thriving at Work report commissioned by the Prime Minister in January this year and written by Paul Farmer CBE, Chief Executive of MIND and Lord Stevenson, the former Chairman of HBOS who has been open about his own struggle with clinical depression. This is a far reaching report, a … Continue Reading

Sow the wind, reap the hurricane for UK Government in Tribunal fee fiasco

There was a great deal of entirely unfair schadenfreude directed at the Government last month over its abject failure to justify the Employment Tribunal fees regime in front of the Supreme Court. After all, apart from the report of its own Justice Committee, the views of everyone else from both sides of industry and all … Continue Reading

Two US Federal Agencies disagree as to whether Title VII as a matter of law, reaches sexual orientation discrimination

This past May, 2017, The US Court of Appeals for the Second Circuit granted en banc (meaning all the judges on the Second Circuit will hear the case instead of a three-judge panel) a review in Zarda v. Altitude Express, the case of a New York skydiving instructor who was fired from his job because … Continue Reading

Are Employers Going to be Required to Accommodate Medical Marijuana Use?

State-registered medical cannabis patients may now sue a private employer for discrimination under Massachusetts’ law if they are fired for their off-the-job marijuana use, according to landmark ruling issued July 17, 2017, by the Massachusetts Supreme Judicial Court. Citing the Massachusetts Medical Marijuana Act, the court states that patients shall not be denied “any right … Continue Reading

Putting your money where your mouth is – are injured feelings index-linked?

Through a long and not very relevant series of arguments, the Court of Appeal in De Souza – v – Vinci Construction (UK) Limited has just decided that in effect they are. This is not a surprising conclusion, since otherwise inflation would erode the value of such awards as either proper compensation for the employee … Continue Reading

Intentional Segregation By Race Is Not Enough to Trigger Title VII Liability, Says Seventh Circuit

In EEOC v. AutoZone, Inc., the United States Court of Appeals for the Seventh Circuit (which covers Illinois, Indiana, and Wisconsin) ruled that AutoZone did not violate the anti-segregation provision of Title VII of the Civil Rights Act of 1964 (“Title VII”), when it transferred Kevin Stuckey, an African American employee, from a store with … Continue Reading

Context or causation – the role of race in unfavourable treatment

Statutory construction can be a bit like nuclear fusion – you take an atom of something relatively ordinary and then subject it to such pressure that it explodes into a million flaming pieces and lays waste to your entire afternoon.   Employment Tribunals and Courts do the same to words, taking perfectly mundane sentences and phrases … Continue Reading

Justification of Redundancy Following Disability-Related Absence

If because of your disability you are absent from work and if because of that absence your employer discovers that it doesn’t actually need you, does your resulting redundancy arise from your disability?  This is important because Section 15 Equality Act 2010 says that if A treats B unfavourably “because of something arising in consequence … Continue Reading

Politics is not the art of the possible. It consists in choosing between the disastrous and the unpalatable”. Main parties’ employment manifestos reviewed

General Elections. Don’t they seem to come round more frequently than they used to? A tough call for voters, this particular one, not just because of economist JK Galbraith’s wise words above but also because the outcome won’t make the slightest difference to the biggest issue of the day, the terms on which we are … Continue Reading

Improving support in the workplace for employees with mental health issues

This post was prepared with the kind assistance of Andy Bell, Deputy Chief Executive of the Centre for Mental Health, a charity dedicated to changing the lives of people with mental health problems by improving support and bringing about fairer policies. https://www.centreformentalhealth.org.uk/. Many employers have experience of dealing with prolonged, costly and challenging sickness absences … Continue Reading

Testing times for employers in recruitment assessments

Hot on the heels of our post on indirect discrimination in employee tests for promotion   http://www.employmentlawworldview.com/indirect-discrimination-you-know-what-they-say-about-statistics/ comes another decision posing similar challenges for employers. Government Legal Service –v- Brookes concerned the Situational Judgement Test (SJT) which forms part of the recruitment process for lawyers wanting to join the Service. Ms Brookes told the GLS in … Continue Reading

Pay History: An Improper Factor for Employers To Consider In Starting Salaries? Not Necessarily, According To the Ninth Circuit

As we previously reported to you, pay history has recently become a topic of much discussion among federal, state and municipal legislatures. Many jurisdictions around the country are considering laws that would quell employer inquiries into candidate pay history. The underlying purpose of these laws is to level out the historical pay gap between men … Continue Reading

One Racial Slur May Be Sufficient To Create a Hostile Work Environment, Says Second Circuit

The United States Court of Appeals for the Second Circuit held last week that a single racial slur might provide sufficient basis for a hostile work environment claim.  In the case, Daniel v. T&M Protection Resources, LLC,  Plaintiff Daniel, a black, gay man from the Caribbean, alleged he was harassed at work on the basis … Continue Reading

U.S. Appellate Court Declares That Title VII Prohibits Employment Discrimination Based On Sexual Orientation

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that discrimination on the basis of sexual orientation is a prohibited form of sex discrimination under Title VII of the Civil Rights Act of 1964 (Title VII).  And it did so in no … Continue Reading

EEOC Pilots New Online Inquiry and Intake Program in Five Major US Cities

On March 13, 2017, the EEOC launched a new Online Inquiry and Intake System, making it easier for employees to seek assistance from the agency regarding claims of workplace discrimination, harassment, and retaliation. The new system is available to individuals who live within one hundred miles of the EEOC’s offices in Charlotte, Chicago, New Orleans, … Continue Reading

Senate Approves Measure to Kill Obama-era Contractor Disclosure Rule

In another roll-back of Obama-era regulations, the Senate voted last night, 49 to 48, to repeal the contractor disclosure rule.  This rule required companies bidding on federal contracts valued at more than $500,000 to disclose violations of 14 federal labor laws, including those pertaining to workplace safety, wages and discrimination. Finalized in August and blocked … Continue Reading

A year late but worth the wait? – Tribunal fee impact reviewed

After the gestation period of an elephant, the Government Review of the impact of the fees for Employment Tribunal cases finally emerged squalling into the daylight earlier this month. Weighing in at a healthy 100 pages and with a foreword by proud father Justice Minister Sir Oliver Heald, the Review takes a detailed look at … Continue Reading
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