Working for Justice

A Blog for Employees, Whistleblowers, and Advocates of Social Justice
By the Lawyers Who Fight For Your Rights

Victims of Race Discrimination: Don’t Forget About § 1981!

Posted August 31st, 2020 by in Employment Discrimination.

As the recent murders of innocent African American civilians like George Floyd, Breonna Taylor, Ahmaud Arbery, and countless others remind us, the United States has a long way to go in its struggle for racial justice.  While current efforts against racial inequality are rightfully focused on police brutality, race discrimination in employment has a long […]

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“Take care of your kid situation”—Employers are Failing Working Moms During this Pandemic

Posted August 12th, 2020 by in Gender Discrimination and Harassment.

As many schools go fully virtual this fall, working parents are faced with many questions about caring for and educating children while working.  Working moms also face an additional question: will my boss perceive me as less committed to my work because I am a woman with children?  Unfortunately, too often the answer is “yes.” […]

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Supreme Court to Cell Phone Users: The Right to Be Free From Spam Calls Is Alive and Well

Posted July 29th, 2020 by in Civil Litigation.

This month, the Supreme Court handed down a victory for cell phone users (which is practically all of us these days) in Barr v. American Association of Political Consultants, Inc. The case concerns the Telephone Consumer Protection Act of 1991 (“TCPA”). Under the Act, anyone who makes an unsolicited robocall or text message can be […]

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Extending the “Ministerial Exception”: What Does It Mean to Employees?

Posted July 14th, 2020 by in Employment Discrimination.

The past few weeks brought mixed results for plaintiffs at the Supreme Court. Although the Court surprisingly extended Title VII’s protections based on gender identity and sexual orientation in Bostock v. Clayton County, the Court wrapped up its term by extending the so-called “ministerial exception”—which exempts certain employees of religious institutions from employment protections—to a […]

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Supreme Court Focuses on Job Duties, Contracts in Applying “Ministerial Exception” to Teachers at Religious Schools

Posted July 13th, 2020 by in Employment Discrimination.

The Supreme Court recently decided two cases, Our Lady of Guadalupe v. Morrissey-Berru and St. James School v. Biel, both on appeal from the Ninth Circuit, that clarified the scope of the so-called “ministerial exception” to anti-discrimination laws. According to the Court, under that exception, “courts are bound to stay out of employment disputes involving […]

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LGBTQ Rights in the Balance: Equality Act Still Needed in the Wake of Bostock

Bostock v. Clayton County, Georgia has rightly been heralded as a true milestone for LGBTQ rights, including by my colleague Alok Nadig, who describes the decision here. Bostock brings LGBT Americans into the fold of Title VII’s protections against discrimination “because of sex” and has important ramifications with regard to other federal laws adopting similarly-worded […]

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Bostock v. Clayton County, Georgia: Four Other Takeaways for Discrimination Victims

Posted June 17th, 2020 by in Employment Discrimination.

The Supreme Court’s opinion released earlier this week in Bostock v. Clayton County, Georgia represents an outstanding milestone in the LGBTQ civil rights movement, and numerous posts and articles rightly celebrate this, including this one by my colleague Alok Nadig. The opinion also reminds us of several concepts that can benefit all victims of unlawful […]

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Time for Long Overdue Reparations—Support H.R. 40

Posted June 17th, 2020 by in Race Discrimination.

In this cultural moment, the conversation surrounding reparations for American’s cardinal sin of slavery, segregation, and racial oppression will likely gain momentum. It is about time for this issue to become of part of mainstream social and political discourse and for significant progress to be made. The case for reparations has been laid out here, […]

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Supreme Court Rules Employment Discrimination Based on Sexual Orientation and Gender Identity Illegal in All Fifty States

Posted June 16th, 2020 by in Employment Discrimination.

Yesterday, in its long-anticipated decision in Bostock v. Clayton County, Georgia, the U.S. Supreme Court squarely held that discrimination against gay and transgender employees in the workplace is illegal under federal law.  The case arose from the terminations of three brave plaintiffs from their places of employment: Gerald Bostock, who was fired from his job […]

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Can I Be Fired for Participating in Peaceful Protests?

Posted June 11th, 2020 by in Employment Law.

At Sanford Heisler Sharp, we are committed to the bedrock principle of equal justice under law.  We support and stand behind peaceful protests to bring about long-needed societal reform, take on systemic racism, and make our world a better place for everyone. In the familiar words of Dr. King, “Injustice anywhere is a threat to […]

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