On October 8, 2019, the U.S. Supreme Court heard oral argument in three employment discrimination cases involving what protection, if any, Title VII of the Civil Rights Act of 1964 – which prohibits discrimination in employment on the basis of, among other things, sex – affords against sexual orientation and gender identity-based discrimination. As we previously discussed … Continue Reading
On October 1, 2019, a U.S. District Court Judge for the District of Massachusetts ruled in favor of Harvard University in a closely watched case examining whether the college’s admissions process, which takes candidates’ race and economic circumstances into account, results in race-based animus against Asian-Americans. The suit, filed by an anti-affirmative action advocacy group, … Continue Reading
“Philosophical belief” for religious discrimination purposes has been found to include a number of not-remotely-religious views on matters as diverse as fox hunting, climate change and the higher purpose of public service broadcasting. You would have thought that adding vegetarianism to that list would be a walk-over. After all, it is commonly and genuinely practised, … Continue Reading
Our colleagues Colter Paulson and Justin DiCharia at the Sixth Circuit Appellate Blog (which covers, as you may have guessed, developments in the U.S. Court of Appeals for the Sixth Circuit) authored the post below discussing the Sixth Circuit’s recent decision in a case in which the Court was tasked with deciding whether an employer … Continue Reading
On 16 September, the Australian Government announced its intention to seek leave in the High Court to appeal the landmark Full Federal Court decision in Mondelez v AMWU.… Continue Reading
Male manager repeatedly massages shoulders of seated female subordinate in open office causing her distress and embarrassment, claims he is doing so to “encourage her” and then gives evidence denying it which the Tribunal does not swallow for a second. Sexual harassment? Quick, yes or no?… Continue Reading
Here is a mildly disconcerting decision issued by the Employment Appeal Tribunal about the calculation of compensation for injury to feelings in discrimination cases. Mr Komeng was found by the ET to have been serially and directly discriminated against by his employer, Creative Support Limited, in relation to opportunities for personal and professional development and the … Continue Reading
Between August 29 and September 10, the National Labor Relations Board (“NLRB” or “Board”) issued four decisions that resolve important issues that have been the subject of long-running disputes. It also issued an invitation to submit briefs in a case that provides an opportunity for the current Board majority members to revise the standard for … Continue Reading
Learning point 4: a disclosure does not have to be either true or in the public interest to qualify for protection, provided the worker has a reasonable belief that both are the case… Continue Reading
The Greek Data Protection Authority has imposed a 150,000 EUR fine on PriceWaterhouseCoopers Business Solutions SA for – get this – asking their employees’ consent to process their personal data. It may strike you as counterintuitive (and going against everything your mother ever told you) that asking consent could get you into trouble, but where … Continue Reading
This time concerning how holiday pay should be calculated for those who only work for part of the year, e.g. term-time workers, and arguably proof positive of the old legal maxim that “hard cases make bad law”.… Continue Reading
If you’ve been following our blog, you already know that the topic of employer-mandated arbitration agreements has been a hot issue in recent years for government agencies and in the state and federal courts. Most notably, in May of last year, the United States Supreme Court issued its highly-anticipated decision in Epic Systems v. Lewis, … Continue Reading
The first Supreme Court judgment on employment competition in a century was handed down recently – and it is good news for employers.… Continue Reading
In all the hoo-hah around the use of NDAs in settlement agreement, no one yet seems to have asked the question of what happens if you sign such an agreement and are then called as witness to the Employment Tribunal anyway. Can you (or your former employer) rely on the NDA as a reason for … Continue Reading
Many employers are familiar with Title I of the Americans with Disabilities Act (ADA), which sets forth employers’ obligations to disabled applicants and employees, but the ADA also imposes obligations on businesses that are places of public accommodation – and nearly all are – with respect to their patrons. A recent Ninth Circuit appellate decision, … Continue Reading
Employers are relieved! One of the most talked-about provisions of the Macron ordinances has been confirmed as valid by the French Court of Cassation (Supreme Court). The cap on compensation for unfair dismissal, which was contested by several industrial tribunals, was confirmed as consistent with international texts ratified by France.… Continue Reading
As we previously discussed here and here, courts are split regarding the extent to which obesity qualifies as a disability under the Americans with Disabilities Act (“ADA”). The Second, Sixth, Seventh and Eighth Circuit Courts of Appeal have held that obesity must be accompanied by an underlying physiological disorder for it to constitute a disability, … Continue Reading
Phoenix House Limited -v- Stockman has been kicking round the Employment Tribunal system ever since Ms Stockman was dismissed in 2013. It has something for all the family – discrimination, some victimisation, a touch of whistleblowing and a light dusting of trust and confidence. However, on its second trip to the Employment Appeal Tribunal at … Continue Reading
I gave a talk last week on constructive knowledge of disability, i.e. the point where the employer didn’t actually know its employee was disabled, but is nonetheless held liable because on the facts it ought to have done.… Continue Reading
All the best-practice recommendations about accommodating employees with disabilities stress the importance of dialogue with them about the limitations their disability may impose and the adjustments which might be made to help overcome them. Unimpeachable advice in principle, but not without risk in practice, as it turns out.… Continue Reading
On June 14, 2019, the National Labor Relations Board (“NLRB”) issued another favorable decision for employers who might find themselves facing union organizing activities or other types of union solicitation. This latest decision will make it significantly more difficult for unions to solicit employees, strategize with supporters, or engage in similar activities on an employer’s … Continue Reading
As we previously reported here, the issue of whether obesity is a legally-protected impairment is complex, and jurisdictions differ on the extent to which they consider obesity to be a disability under the Americans with Disabilities Act (“ADA”). On June 12, 2019, the United States Court of Appeals for the Seventh Circuit joined the Second, … Continue Reading
Flowers –v- East of England Ambulance Services NHS Trust this month concerned a claim by a number of workers in the Trust ambulance service that their holiday pay should include an allowance in respect of overtime, both non-guaranteed and voluntary. For these purposes, voluntary overtime was work which the employee was under no obligation to … Continue Reading
