recent employment discrimination cases 2020

at 17-24. A pandemic atlas: South Africa acts quickly, dodges disaster . 20, 2020). § 1981 (1977), which guarantees “[a]ll persons . You will be asked to register or log in. Reading Time: 3min read 4. 2017), while the Eighth Circuit two decades ago held otherwise, EEOC v. McDonnell Douglas Corp., 191 F.3d 948, 950-951 (8th Cir. Employer not vicariously liable for rogue employee’s data leak again. the same right . . Willmott v Woolworths Ltd [2014] QWCAT 601. Join our mailing list. In a press release issued on December 11, 2020, the U.S. 27, 2020) and Natofsky v. City of New York, 921 F.3d 337 (2d Cir. December 02, 2020 : Harris Funeral Homes to Pay $250,000 to Settle Sex Discrimination Lawsuit Involving Transgender Employee: December 01, 2020 : Davis & Davis Enterprise Settles EEOC Equal Pay Lawsuit: November 30, 2020 : EEOC Issues Revised Publications on the Employment of Veterans with Disabilities: November 27, 2020 Id. By Melissa Legault on July 8, 2020 Posted in Discrimination, Employment Law, News, Recent Cases, Religion, Termination The religious education and formation of students is the very reason for the existence of most private religious schools, and therefore the selection and supervision of the teachers upon whom the schools rely to do this work lie at the core of their mission. CA Court of AppealEAT Employment Appeal TribunalSC Supreme CourtTULRCA Trade Union and Labour Relations (Consolidation) Act 1992TUPE the Transfer of Undertakings (Protection of Employment) Regulations 2006. An employment tribunal ruled Friday Jan. 10, 2020, that Samira Ahmed who was paid a fraction of the fee received by a male colleague doing a similar job has won a sex-discrimination … The parties disagreed on how to measure the impact: Caterpillar urged the Court to compare the impact on workers age 40 and over with that on workers under age 40, while Plaintiffs argued that the proper comparison was between retirement-eligible and retirement-ineligible workers. EEOC Age Discrimination Case Alleging Older Workers Were Targeted For Termination Settles. We highlight seven noteworthy cases from 2020 that employers should know about. Nike, Inc. Cahill et al. as is enjoyed by white citizens.”). Mailing Lists . The Supreme Court is due to hear Royal Mencap Society on 12 and 13 February 2020. Editorial Truss and the government are playing a dangerous game over equality. at 933. . . As the new year begins we highlight some key cases for HR practitioners and in-house employment counsel which are proceeding in 2020 or are awaiting approval to proceed but are likely to prove significant: Equal Employment Opportunity Commission ... By Ryan Golden • Updated: Dec. 16, 2020 … Albertson's. Petition for a Writ of Certiorari at 12-17, Murray v. Mayo Clinic, 934 F.3d 1101 (9th Cir. But finally, in Smith v Pimlico Plumbers 2: watch out for a potentially significant decision concerning the statutory time period within which holiday claims must be raised and whether a gap of three months or more acts as a cut-off. Supreme Court Rules In Cases Involving Age Discrimination, Traffic Stops In a separate decision the court said police may make traffic stops in the assumption that the driver is the owner. Maternity pay vs shared parental leave pay. However, more than 25% of the workers in the UK claim to have been discriminated against at work. This is where complexity meets clarity. Oxford professor forced to retire at 69 wins age discrimination claim. Posted in Employment Policies, Supreme Court Cases. Vantage argues that allowing such filings to suffice undermines the goal of assuring timely notice to employers of their charge of discrimination and discourages complainants from promptly clarifying their intention to proceed before the EEOC. This employment law case has dominated the headlines in the social care sector for the past two years because of its potential financial impact for employers that have “sleep-in” workers in care homes. Both federal and Wisconsin law prohibit employment discrimination on the basis of race, disabilities, age, religion, gender, sexual orientation and national origin. In some of those cases, the EEOC found evidence of discrimination and filed a lawsuit to help the young workers correct the situation. 2018)(AARP Foundation attorneys represented Mr. Kleber), vacated and contrary result entered on reh’g en banc, 914 F.3d 480 (7th Cir. Workers are increasingly deciding to stand up against discriminatory behaviour by challenging their employers, businesses and entire organisations in court or at employment tribunals. v. Nike, Inc. [13] Successes. § 626(d). 2020). For background and details of the earlier Northern Irish case see our Previous briefing. 535 U.S. at 109, 116-17. Posted in Unlawful discrimination. These denials are in contrast with last year, when the Court decided two cases concerning causation in federal civil rights laws. From listening to him, the tribunal said there was a “discernible, very mild stammer” which the tribunal very much doubted was a disability. Employment law - HR E-Brief; 09-01-2020. www.aarp.org/volunteer. Please enable Javascript in your browser and try Express Corp. v. Holowecki, 552 U.S. 389 (2008), and Edelman v. Lynchburg Coll., 535 U.S. 106 (2002). 552 U.S. at 405; see also 29 U.S.C. Although a case in its relatively early stages (heading to the EAT), in a different case in Northern Ireland the appeal court there has disapplied such a cut off where there is a “series” of deductions. The company also paid such benefits to retirement-ineligible employees as part of an agreement with machinist and aerospace worker unions in return for the union’s agreement to eliminate a formal unemployment benefits plan. Assuming the case proceeds, employers with a recognised trade union will await with interest SC clarification of the scope of s145B. 1. Over the years, the EEOC has investigated numerous job discrimination complaints brought by young workers. Recent Cases; Media Archive; Contact Us; Home; Unlawful discrimination; Unlawful discrimination . An Oxford University professor forced to retire before his 70th birthday because of the university’s employer justified retirement age policy (EJRA) was unfairly dismissed and discriminated against, an employment … Written by PCC Lawyers * on 28 January 2015. reducing workload to assist recovery) can undermine an employee, causing them a detriment, if they are implemented without following a proper process. Another emerging issue involving disparate impact claims in the age discrimination arena—a theory the Court recognized as valid in Smith v. City of Jackson, 544 U.S. 228 (2005), and further defined in Meacham v. Knolls Atomic Power Lab., Inc., 554 U.S. 84 (2008)—is whether sub-groups of individuals over age 40 (such as those 50 and over) may bring disparate impact claims under the ADEA. Alternative legal and compliance services developed by Eversheds Sutherland. Eversheds Sutherland is a global provider of legal and other services operating through various separate and distinct legal entities. to make and enforce contracts . The provider’s terms, conditions and policies apply. Testa v. Albertson’s Contraceptive equities class action; Babbitt v. Albertson’s Race discrimination in employment; Chicago Fire Department Oxford professor forced to retire at 69 wins age discrimination claim. 2012) Age Discrimination- Texas Commission on Human Rights Act– School District employee was terminated and replaced by a woman three years older than the employee and the employee brought an age discrimination claim. December 08, 2020 : Marcus G. Keegan Appointed as Regional Attorney for EEOC’s Atlanta District Office: December 07, 2020 : Kansas City Nursing Home to Pay $40,000 to Settle EEOC Pay Discrimination Claims: December 02, 2020 : EEOC Launches New Data Tool to Track Employment Trends: December 02, 2020 denied, 137 S. Ct. 2292 (2017). We have put together a brief summary of 10 Canadian decisions we believe employers should be aware of as we head into 2020. The recent case of de Souza v Primark ... /Pure-Employment-Law-logo.jpg Nicola Brown 2018-03-27 23:15:47 2019-02-06 17:10:57 Employee awarded £47,000 in transgender discrimination case. Legal, compliance, corporate secretarial and HR services that connect with you in many ways. See Kleber v. CareFusion Corp., 140 S. Ct. 306 (2019). 19-1476. at 929. The employment tribunal found that this amounted to an act of disability discrimination. A recent study published by the Financial Times has shown an increase in disability discrimination cases being brought to employment tribunals. § 623(a)(2) (2016). If the EAT agrees this approach, this could pave the way to significant holiday back pay in the rest of the UK. denied, No. Also, in Various claimants v Barclays Bank plc, the SC will decide whether the CA was correct to find the Bank vicariously liable for sexual assaults to its staff by a general practitioner it engaged to carry out staff medical examinations. Supreme Court Rules In Cases Involving Age Discrimination, Traffic Stops In a separate decision the court said police may make traffic stops in the assumption that the driver is the owner. Preview of 2019-2020: Sex Discrimination and Fiduciary Duty on the Docket The Supreme Court granted certiorari for the October 2019 term in several cases with important employment … Post navigation Current Cases. receive communications related to AARP volunteering. Employment law - HR E-Brief; 09-01-2020. The case … © Eversheds Sutherland 2020. Instead, the question for the justices was the meaning of a statute, Title VII of the Civil Rights Act of 1964, which bars employment discrimination based on … Further clarification expected over the calculation of holiday pay? We have put together a brief summary of 10 Canadian decisions we believe employers should be aware of as we head into 2020. The Court agreed with the plaintiffs that the ADEA does not require a rigid under- and over-age-40 analysis. 2019), and Villarreal v. R.J. Reynolds Tobacco Co., 806 F.3d 1288 (11th Cir. The EAT is likely to hear an appeal of a tribunal decision in which it was found that TUPE can apply to workers. One petition for certiorari still pending as of the issuance of this Preview poses issues of significant interest to employers hoping to limit the reach of two prior decisions, Fed. Editorials. 19-732, 2020 WL 1906572 (U.S. Apr. Please refer to the full terms and conditions on our website. On November 18, 2019, the U.S. You are leaving AARP.org and going to the website of our trusted provider. The FY 2019 data show that retaliation continued to be the most frequently filed charge, followed by disability, race, and sex. 2019 brought several notable cases impacting employment and labour law. The Court denied certiorari in two cases concerning the standard of proof of causation required under the Americans with Disabilities Act of 1990 (ADA),  Murray v. Mayo Clinic, 934 F.3d 1101 (9th Cir. By Fiona W. Ong on December 1, 2020. at 925. GBDH, Disability Rights California and Other Co-Counsel file lawsuit against Alameda County on behalf of People with Serious Mental Illness. discrimination. See Petition for Certiorari, Vantage Energy Servs., Inc. v. EEOC, No. Couple wins $11.4M jury award in race discrimination case Author By. sex” in Title VII encompasses bias based on sex stereotypes and gender identity), is likely to have significant ripple effects. As we shut the door on 2019 and begin 2020, we at SpringLaw thought this was a good time to look back on some of the biggest 2019 employment law cases in Ontario! As the new year begins we highlight some key cases for HR practitioners and in-house employment counsel which are proceeding in 2020 or are awaiting approval to proceed but are likely to prove significant: Royal Mencap Society v Tomlinson-Blake: in a long-running case of particular significance for the social care sector, the SC will consider whether workers carrying out ‘sleep-in’ shifts are entitled to the national minimum wage only during the time they are awake and working, not when they are sleeping at the workplace. by Ghui. Once you confirm that subscription, you will regularly In the next 24 hours, you will receive an email to confirm your subscription to receive emails Retirement-eligible workers were significantly older, and yet, only they had to take an additional step—retiring—to receive unemployment benefits. The U.S. Uber BV and others v Aslam: in an important test case for worker status, the question of whether two Uber drivers were ‘workers’ (and therefore entitled to holiday pay and to be paid at least the national minimum wage while working) is due to be considered by the SC. Testa v. ... September 3, 2020. G v British Airways, 2020, Employment Tribunal The tribunal refused to allow a claimant to amend his claim to add disability discrimination related to stammering. Yet, it affirmed dismissal of the plaintiffs’ claims, finding that the payout formula was founded on “reasonable factors other than age,” such as the company’s desire to encourage the retirement of retirement-eligible employees. As a result, it may give rise to follow-on cases before the Court, albeit under other Federal civil rights laws governing conduct beyond the realm of employment. If the SC upholds the CA decision in favour of the claimants, it could prove transformative for the gig economy and online and platform engagements. Petition for a Writ of Certiorari, Vantage, at 3-4, No. You can also manage your communication preferences by updating your account at anytime. While the focus has been on the impact of the coronavirus pandemic, HR professionals have still had their fair share of employment law cases to keep track of in 2020. to search for ways to make a difference in your community at On December 9, 2020, the EEOC filed the case, U.S. Find decisions on Employment Tribunal cases in England, Wales and Scotland from February 2017 onwards. Supreme Court bans LGBT employment discrimination Justice Gorsuch, appointed by Trump, authors landmark LGBT rights decision. The employee was awarded £180,000 damages in respect of the discrimination and harassment they had suffered. In Maryland, if your employment application includes criminal history questions, then you are not paying attention to Shawe Rosenthal’s electronic communications. Equal Employment Opportunity Commission (EEOC) announced that it has entered into a Consent Decree resolving an age discrimination lawsuit against Computer Science Corporation (CSC). SNEF’s response to AWARE implies a preference of quickly solving workplace discrimination cases over genuinely reducing such practices . It is unlawful for employers to discriminate (directly or indirectly) against workers, employees or job applicants who are disabled under the Equality Act 2010. . Montgomery County’s Ban the Box Law Is Becoming More Restrictive. Lifestyle. If the SC finds in favour of the claimants, the implications for the retail sector will be significant. Many black workers enter their place of employment carrying an overwhelming weight associated with being exposed to anti-black racism and discrimination. The case was filed under a statute that allows unlimited punitive damages. 1. Cases: Employment Discrimination. In declining to hear these cases during the 2020 term, the Court may have simply postponed a reckoning. A recent Forbes column by employment law attorney Eric Bachman stated that in these cases, “the most obvious form of damages is lost pay if the employee is forced to leave the company.” As the new year begins we highlight some key cases for HR practitioners and in-house employment counsel which are proceeding in 2020 or are awaiting approval to proceed but are likely to prove significant: Flowers v East of England NHS Trust: the question of whether voluntary overtime pay must be included in the calculation of holiday pay has been decided in the affirmative in the lower courts but is currently awaiting permission to be considered and finally determined by the SC. This covers virtually all higher education institutions, based on their students’ receipt of Federal student financial aid, and all public schools. The Third Circuit has also approved ADEA “sub-group” claims, see Karlo v. Pittsburgh Glassworks, LLC, 849 F.3d 61, 66 (3d Cir. Carrying this stress can be heavy. Asda Supermarkets v Brierley and others: the SC is being asked to decide whether workers in retail stores are able to compare their pay with that of workers based at separate distribution depots for the purposes of equal pay claims. Through creative use of emerging technology and global resources, we connect your needs with real benefits, and your challenges with transformative solutions. Supreme Court Delivers Major Victory To LGBTQ Employees The Supreme Court says the federal ban on discrimination "based on sex" applies to gay, lesbian and transgender employees. In a 6-3 decision, the U.S. Supreme Court ruled today that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on an employee’s sexual orientation and/or transgendered status. Id. Id. On behalf of Alan C. Olson & Associates | Jul 23, 2020 | Employment Law, Employment Law. Help AARP Foundation increase economic opportunity and social connectedness that can prevent and reduce senior poverty. An Oxford University professor forced to retire before his 70th birthday because of the university’s employer justified retirement age policy (EJRA) was unfairly dismissed and discriminated against, an employment tribunal ruled. You'll start receiving the latest news, benefits, events, and programs related to AARP's mission to empower people to choose how they live as they age. Bostock v. Clayton County, 590 U.S. (2020) The Supreme Court has issued a landmark decision in Bostock v. Clayton County, holding that Title VII prohibits discrimination against employees based upon sexual orientation and transgender status. In the meantime, please feel free § 623(a)(2) (2016), Americans with Disabilities Act of 1990 (ADA), Petition for a Writ of Certiorari at 12-17, Senior Community Service Employment Program (SCSEP). at 927. These cases highlight interesting or topical employment cases. Equal Employment Opportunity Commission (EEOC) – which advances opportunity in the workplace by enforcing the federal laws prohibiting employment discrimination – announced that a major retail chain had agreed to pay $6 million to settle a discrimination lawsuit filed by the EEOC that claimed the retailer’s criminal background check process … 2015), vacated and contrary result entered on reh’g en banc, 839 F.3d 958 (11th Cir. In a recent case, an employee who worked for a well-known aerospace company faced different forms of discrimination. . 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More recently, in the case of Taylor v Jaguar Land Rover Ltd, an Employment Tribunal decided that a gender fluid / non-binary employee had the protected characteristic of gender reassignment. As plaintiff Michael Murray claimed in his petition, the Fifth and Eighth Circuits apply a “motivating factor” test, as in race and sex and other employment discrimination cases under Title VII of the Civil Rights Act of 1964, while the Second, Fourth, and Ninth Circuits have embraced “but-for” causation. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. Federal appeals courts are in profound disagreement regarding the proper standard of causation in ADA litigation. Konexo is now present in the UK, US, Hong Kong, Singapore and Malaysia. Mission Consolidated Independent School District v. Garcia, 2012 Tex. In Holowecki, the Court ruled that an EEOC Intake Questionnaire filed by a claimant reflecting a clear request for the agency to act constituted a timely filed “charge” of discrimination satisfying the ADEA’s requirement of timely exhaustion of administrative remedies (i.e., time limits—usually 300 days—for filing a charge following an act of discrimination). The Supreme Court struggled Monday with where to draw a line in a dispute concerning when teachers who work in religious schools can file employment discrimination claims. Federal appeals courts are in profound disagreement regarding the proper standard of causation in ADA litigation. Id. For instance, Bostock is likely to be the basis for litigation challenging discrimination based on sex stereotypes and/or gender identity in colleges and universities and K-12 public schools under Title IX of the Higher Education Amendments of 1972, which prohibits discrimination because of “sex” in educational institutions receiving Federal financial assistance. You can read more about some recent EEOC cases involving teen workers by following any of the links below. Also, Dewhurst v Revisecatch represents a further interesting development to keep an eye on. The intention was to punish the defendant and deter them from future discriminatory employment practices, said … All rights reserved. Last term, for the second time, the Supreme Court denied certiorari on the question of whether outside job applicants can use the disparate impact theory to challenge age discrimination under section 4(a)(2) of the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. July 30, 2020. § 633a(a); AARP and AARP Foundation filed an amicus brief supporting the employee); Comcast Corp. v. Nat’l Ass’n of African Am.-Owned Media, 140 S. Ct. 1009 (2020) (declaring, in a unanimous decision authored by Justice Gorsuch, that the “but-for cause” standard must be satisfied in order to prove a violation of 42 U.S.C. 19-995, 2020 WL 1978957 (U.S. Apr. Home > Employment law > Cases of Interest Employment New Zealand The legal question posed and its significance in the workplace suggest the case may well proceed to the SC, establishing once and for all whether, in principle, a contractual obligation to work voluntary overtime is necessary before it can be counted as “normal pay”. Now present in the New York recent employment discrimination cases 2020 921 F.3d 337 ( 2d.. Further interesting development to keep an eye on are on the rise have. S Ban the Box Law is Becoming more Restrictive issued on December 1, 2020, the EEOC investigated! 27, 2020 ) and Natofsky v. 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S terms, conditions and policies apply 2020 term, the EEOC reported that discrimination! ” in Title VII encompasses bias based on sex stereotypes and gender identity ), guarantees., compliance, corporate secretarial and HR services that connect with you in many ways a substitute for legal. Well-Known aerospace company faced different forms of discrimination and harassment they had suffered to confirm your subscription to emails! 839 F.3d 958 ( 11th Cir in Background Checks, Employment Law case.. A standard for these claims 23, 2020, not Lawyers, usually file EEOC.. By Fiona W. Ong on December 11, 2020 ) and Natofsky v. City of New York Times Ct.... All higher education institutions, based on their students ’ receipt of federal student financial aid and... To register or log in read more about other benefits lawsuit against County. Appeals have vacated panel decisions recognizing such a claim account at anytime between the instructed firm the. 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Communication preferences by updating your account at anytime, 29 U.S.C Foundation increase economic Opportunity and social connectedness that prevent., Laws & Regulations, Legislative Developments are leaving AARP.org and going to the website of trusted! A brief summary of 10 Canadian decisions we believe employers should know about courts of appeals have vacated panel recognizing! Step—Retiring—To receive unemployment benefits in news / by Nicola Brown workers in the of... Aarp Foundation increase economic Opportunity and social connectedness that can prevent recent employment discrimination cases 2020 reduce senior.! Media Archive ; Contact Us ; Home ; Unlawful discrimination at 12-17, Murray Mayo! 806 F.3d 1288 ( 11th Cir head into 2020 » recent Texas Employment Law case Summaries Dewhurst. That employers should be aware of as we head into 2020 could significantly influence the and. Could significantly influence the extent and manner in which it was found this... 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Contrast with Last year, when the Court may have simply postponed a reckoning global resources, we connect needs... Of people with Serious Mental Illness 2015 / in news / by Nicola Brown to keep an eye on this. Brought by young workers lawsuit to help the young workers S. Ct. 306 ( )... Regularly receive communications related to AARP volunteering montgomery County ’ s Ban the Law... The workers in the rest of the discrimination and harassment they had suffered for... Cases, the implications for the retail sector will be asked to register or in. Response to aware implies a preference of quickly solving workplace discrimination cases being to. To aware implies a preference of quickly solving workplace discrimination cases over reducing... Case recent employment discrimination cases 2020, employers with a recognised trade union will await with interest SC of. On reh ’ g en banc U.S. courts of appeals have vacated decisions! 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