Category Archives: Discrimination Laws

Is Discrimination Against Gay Employees Now Illegal Under Title VII?

On July 15, 2015, the Equal Employment Opportunity Commission (EEOC) issued a 17-page opinion letter which states that employment discrimination based on sexual orientation is forbidden under Title VII’s prohibition against “sex” discrimination. For those who want to read the … Continue reading

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Lilly Ledbetter Fair Pay Act Myths and Reality

While many people have heard of the Lilly Ledbetter Fair Pay Act of 2009, the way in which it has been covered in the media has probably left most with the wrong idea about what the law actually does. From … Continue reading

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Sexual Harassment

When people hear the phrase “sexual harassment”, they typically envision a lecherous boss propositioning his attractive secretary for sexual favors. While sexual harassment can certainly take this form, it also includes a host of other activities, many of which have … Continue reading

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BFOQ Defenses in Workplace Discrimination Lawsuits

The BFOQ, or Bona Fide Occupational Requirement, is a defense employers can raise in response to workplace discrimination claims alleging disparate treatment under Title VII, the PDA and the ADEA. An employer can completely avoid liability for these types of … Continue reading

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Constructive Discharge — When “I Quit” Means “I Was Fired”

Constructive discharge is the legal term for when an employee is compelled to quit due to intolerable working conditions. Constructive discharge is not grounds for a lawsuit in and of itself. Rather, it allows an employee to sue for wrongful … Continue reading

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The Pregnancy Discrimination Act (PDA)

The Pregnancy Discrimination Act (PDA) is a federal law which makes discrimination based on pregnancy, childbirth and related medical conditions a form of gender discrimination prohibited under Title VII. Being part of Title VII, the PDA only applies to employers … Continue reading

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The Americans With Disabilities Act (ADA) – Employment Law

While the Americans With Disabilities Act (ADA) prohibits discrimination against the disabled in areas other than employment (such as housing, public services and accommodations), this article only addresses workplace discrimination claims under Title I of the Act. As with Title … Continue reading

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The Equal Pay Act (EPA) — Gender-Based Pay Discrimination

The Equal Pay Act (EPA) is a federal law which prohibits employers from discriminating in the payment of wages based on employee gender. While this may seem to duplicate the protections offered under Title VII (even though the EPA was … Continue reading

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Age Discrimination in Employment Act (ADEA) — The Basics

The Age Discrimination in Employment Act (ADEA) is a federal law which prohibits employment discrimination on the basis of age. It applies to all employers (private, federal, state and local) who employ 20 or more employees. The ADEA protects only … Continue reading

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Race Discrimination Claims Under Section 1981

Title VII is the not the only federal law which prohibits employment discrimination based on race — in fact, it may not be the best statute under which to file your claim. For many workplace race discrimination claims, plaintiffs will … Continue reading

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Statutes of Limitations for Employment Discrimination Claims

Unlike statutes of limitations for personal injury claims, which are fairly straightforward (e.g., 4 years from the date of the car accident), statutes of limitations for federal employment discrimination claims are often variable, depending on factors such as: (1) when … Continue reading

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Title VII – The Swiss Army Knife of Workplace Discrimination Laws

Title VII is a series of federal laws which prohibit workplace discrimination on the basis of race, color, religion, sex, or national origin. I call it the Swiss army knife of workplace discrimination laws because it covers so many different … Continue reading

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