In May 2013, the Sixth Circuit decided in Davis v Cintas Corp that the class certification denial was proper and dismissed the plaintiff’s individual disparate treatment claim. The case was a nationwide sex discrimination class action brought against Cintas Corporation by female applicants who were not hired for entry-level sales representative jobs. (more…)
In April, the Supreme Court heard oral argument in University of Texas Southwestern Medical Center v Nassar, a Fifth Circuit decision examining the appropriate standard of proof for Title VII retaliation claims. At issue is whether a plaintiff is required to prove but-for causation (e.g., the employer would not have taken an adverse employment action but for the employee’s age, race, gender, etc.) or only that the employer had a mixed motive (e.g., that an improper motive was but one of multiple reasons for the action). The mixed motive standard represents a lower standard of proof. (more…)
As part of its 2013 to 2016 Strategic Enforcement Plan, the EEOC identified addressing emerging and developing issues in EEO law and one of its six national priorities. This includes genetic discrimination. In May 2013, the EEOC filed and settled the agency’s first lawsuit to enforce genetic nondiscrimination rights afforded by Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). (more…)
Recently, a number of states have enacted social media privacy laws which extend to hiring and employment. Such legislation (which has been introduced, is pending, or has been signed into law in at least 35 states) limit, or prohibit, employer access to personal accounts of employees and prospective employees. (more…)
In June 2013, the EEOC filed two lawsuits, one against BMW and the other against Dollar General (EEOC v. BMW Manufacturing Co.,Inc.; EEOC v. Dolgencorp LLC d/b/a Dollar General). In both, the EEOC asserts each company discriminated against African American job applicants through the improper use of criminal background checks as an applicant screening tools which were not job-related and consistent with business necessity and resulted in disparate impact. (more…)