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EEOC advances Title VII hostile environment claims against successor employer on behalf of undocumented aliens

April 23rd, 2018

By Nicole D. Prysby, J.D.
Because the buyer of a car wash business had actual and constructive knowledge of pending EEOC charges against the seller, the buyer was a successor employer under Title VII and could be held liable for the hostile work environment claims based on the seller’s treatment of Hispanic employees, held a federal [Read more...]

College president abruptly fired without hearing, accused of misconduct may pursue due process claims

April 20th, 2018

By Marjorie Johnson, J.D.
A community college president whose contract provided he could only be terminated for cause, and who was abruptly fired and publicly accused of misconduct without any type of hearing, could pursue his Section 1983 claims for federal due process violations. Though the board of trustees argued that he was not discharged since [Read more...]

Fired disabled employee with criminal record gets five years of front pay

April 20th, 2018

By Lisa Milam-Perez, J.D.
An employee who prevailed in a disability discrimination, failure to accommodate, and retaliation lawsuit against a chicken processing company was entitled to front pay damages of nearly $111k, a federal court in Texas held, finding the equitable relief was proper following a jury verdict in the employee’s favor on his state-law claims. [Read more...]

Gay employee subjected to repeated hostile behavior advances Title VII claims against Nestle

April 20th, 2018

By Harold S. Berman J.D.
A gay employee who was subjected to sustained verbal abuse and touching from coworkers and his supervisor, and was then terminated over an altercation with a coworker, can proceed with his Title VII hostile work environment, discrimination, and retaliation claims, a federal district court in New Jersey ruled. Denying Nestle’s summary [Read more...]

Female with longer tenure but less education and experience than higher-paid male can’t show bias

April 18th, 2018

By Marjorie Johnson, J.D.
A female employee who was passed over for a promotion in favor of a male candidate with a shorter tenure at the company was unable to pursue her Title II claims of gender discrimination. The male applicant had a higher education level, more managerial experience, and was favored by the interviewers, and [Read more...]