Working for Justice

Tag: Title VII

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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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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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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After-Acquired Evidence and Self-Help Discovery: What Employees Need to Know

Posted April 28th, 2020 by in Employment Discrimination.

Evidence-gathering is one of the most critical parts of any employment discrimination lawsuit. In the normal course of litigation, wrongfully terminated employees may use discovery tools to obtain evidence to prove their case. However, sometimes—due to mistrust in an employer, lack of knowledge about the legal system, or uncertainty that they even want to file […]

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National Origin and Race Discrimination During the COVID-19 Outbreak

Posted April 9th, 2020 by in Race Discrimination.

Asian Americans are facing a surge of discrimination and harassment, and in some cases, violence, in the wake of the coronavirus pandemic. The STOP AAPI HATE reporting center has documented over 1,100 reports of coronavirus-related discrimination since March 19, 2020. While many of these incidents occur in the few places still available to the public, […]

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What Antidiscrimination Laws Protect Volunteer Healthcare Providers in New York?

Posted April 1st, 2020 by in Gender Discrimination and Harassment.

These are extraordinary times for the healthcare system in the United States.  As of this writing, at least 206,233 Americans are known to have been infected with the coronavirus, and at least 4,576 of those individuals have died.  Of the Americans who have tested positive for the virus, at least 83,887 are from New York, […]

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Working Women in the United States Face Gender Discrimination, According to World Bank Study

Where in the world are working women equal to men? According to an international report released by the World Bank earlier this month, the nations that make this esteemed list are Belgium, Denmark, France, Iceland, Latvia, Luxembourg, Sweden, and Canada. These nations had a perfect “100” score according to the World Bank’s Women, Business and […]

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Dos and Don’ts to Consider Before Going to Human Resources

Posted February 19th, 2019 by in Employment Discrimination.

Thinking of raising a complaint to your Human Resources representative?  First, read these Dos and Don’ts from an employment law attorney. 1. DO read this article: “HR Is Not Your Friend: Here’s Why.” In representing clients in gender discrimination claims and pregnancy discrimination claims, I have learned that many employees think HR is there for […]

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Filing a Sexual Harassment Lawsuit Under a Pseudonym

Posted December 10th, 2018 by in Gender Discrimination and Harassment.

The Federal Rules of Civil Procedure generally require that a publicly filed lawsuit name all the parties involved.  However, under certain circumstances, plaintiffs can avoid disclosing their name by filing a lawsuit using a pseudonym (such as “Jane Doe” or “John Doe”).  Although the use of a pseudonym commonly arises in sexual harassment cases, some […]

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