Tag Archives: Title VII

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

Posted in Discrimination Laws | Tagged , , , , , | Leave a comment

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

Posted in Discrimination Laws | Tagged , , , , , , | Leave a comment

EEOC Mediation Advice

An EEOC mediation is an excellent opportunity to resolve your workplace discrimination claim at a very early stage. Knowing how the mediation process works and what to expect will help you avoid making critical errors which could ruin your chance … Continue reading

Posted in Practical Advice | Tagged , , , , , | Leave a comment

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

Posted in Discrimination Laws | Tagged , , , | Leave a comment

Depositions of Co-Workers – Why You Should Attend Them

Unless you have one of those rare workplace discrimination cases that can be proven through paperwork alone, you will need to rely on the testimony of your co-workers. This is especially true in cases which allege harassment or hostile work … Continue reading

Posted in Practical Advice | Tagged , , , , , , | Leave a comment

Caps in Discrimination Laws Thwart Punitive Damages’ Purpose

As a plaintiff’s lawyer, I’m obviously not a huge fan of arbitrary damages caps, most often instituted as part of the “tort reform” movement (and covered extensively in the HBO movie “Hot Coffee”). A recent case of religious discrimination won … Continue reading

Posted in Damages | Tagged , , , , | Leave a comment

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

Posted in Discrimination Laws | Tagged , , , , , | Leave a comment

Will My Employer Want to Settle My Discrimination Case?

While the odds of any particular workplace discrimination lawsuit settling will obviously depend on the facts specific to each case, overall trends in these types of cases will not be encouraging to plaintiffs. Any lawyer who has handled more than … Continue reading

Posted in Practical Advice | Tagged , , , , , , , | 1 Comment

How to Get a Lawyer to Take Your Case

Some cases just sell themselves. They are such obvious winners and are worth so much money that lawyers are dying to get their hands on them. Unfortunately for you, most workplace discrimination cases are not like this. They rarely settle … Continue reading

Posted in Practical Advice | Tagged , , , , , , , , , , , | Leave a comment

How to Prove Workplace Discrimination — Part 2

In Part 1 of this article, we discussed intentional workplace discrimination claims which involved tangible employment action (firing, demotion, etc.) being taken against the employee. In Part 2, we will now discuss claims based solely on harassment. Harassment claims are … Continue reading

Posted in Practical Advice | Tagged , , , , , , , | Leave a comment

How to Prove Workplace Discrimination — Part 1

How a plaintiff goes about proving a workplace discrimination case depends on several factors, including the particular law violated, the nature of the discrimination and the status of the employee(s) who performed the discriminatory act(s). Title VII, the PDA, the … Continue reading

Posted in Practical Advice | Tagged , , , , , | Leave a comment

EEOC Complaint Form — PDF and Filing Tips

To preserve your right to file a workplace discrimination lawsuit under Title VII, the Pregnancy Discrimination Act, the Americans with Disabilities Act, or the Age Discrimination in Employment Act, you must file a timely complaint, known as a “charge”, with … Continue reading

Posted in Practical Advice | Tagged , , , , , | Leave a comment

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

Posted in Discrimination Laws | Tagged , , , , , | Leave a comment

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

Posted in Discrimination Laws | Tagged , , , , | Leave a comment

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

Posted in Discrimination Laws | Tagged , , , , , , , , | Leave a comment