This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. . Albertson's. Further clarification expected over the calculation of holiday pay? 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 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. Couple wins $11.4M jury award in race discrimination case Author By. Colistro v. Tbaytel, 2019 ONCA 197. Posted in Employment Policies, Supreme Court Cases. Javascript must be enabled to use this site. 2019), and Villarreal v. R.J. Reynolds Tobacco Co., 806 F.3d 1288 (11th Cir. sex” in Title VII encompasses bias based on sex stereotypes and gender identity), is likely to have significant ripple effects. You can read more about some recent EEOC cases involving teen workers by following any of the links below. The provider’s terms, conditions and policies apply. 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. That’s Konexo. In Vantage, the petitioner-employer complains that the EEOC permitted its former employee to satisfy the ADA’s analogous exhaustion requirement based on his completing an unverified Intake Questionnaire shortly after his termination—upon returning from leave after a heart attack—and his filing a verified charge with EEOC eight months later. Nike, Inc. Cahill et al. The Third Circuit has also approved ADEA “sub-group” claims, see Karlo v. Pittsburgh Glassworks, LLC, 849 F.3d 61, 66 (3d Cir. 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. Posted in Unlawful discrimination. Carrying this stress can be heavy. Further clarification expected over workers’ rights. However, more than 25% of the workers in the UK claim to have been discriminated against at work. 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 … Find decisions on Employment Tribunal cases in England, Wales and Scotland from February 2017 onwards. Assuming the case proceeds, employers with a recognised trade union will await with interest SC clarification of the scope of s145B. 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. The Court agreed with the plaintiffs that the ADEA does not require a rigid under- and over-age-40 analysis. Kostal UK Ltd v Dunkley: permission to appeal has been sought in this important case in which the CA ruled it was not a breach of trade union law (section 145B TULRCA) for the employer to change employment terms outside of a collective agreement provided the intention was not to end that agreement. The EAT is likely to hear an appeal of a tribunal decision in which it was found that TUPE can apply to workers. 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. 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). By Atim Arden June 23, 2020 Case Review, Current Affairs, Top Tip It is against the law to treat someone less favourably because of their gender, race, religion, sexual orientation, disability or age; this is discrimination. All rights reserved. Please return to AARP.org to learn more about other benefits. In declining to hear these cases during the 2020 term, the Court may have simply postponed a reckoning. 19-1476. Legal, compliance, corporate secretarial and HR services that connect with you in many ways. The FY 2019 data show that retaliation continued to be the most frequently filed charge, followed by disability, race, and sex. 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. The Court’s highly consequential employment discrimination decision this Term in Bostock v. Clayton Cty., 140 S. Ct. 1731 (2020) (holding 6-3, in an opinion by Justice Gorsuch, that the term discrimination “because of . In light of the divergent opinions on this issue, we are likely one circuit court opinion away from the Court having to decide this incredibly important issue for older workers. In a press release issued on December 11, 2020, the U.S. The employee was awarded £180,000 damages in respect of the discrimination and harassment they had suffered. 27, 2020) and Natofsky v. City of New York, 921 F.3d 337 (2d Cir. By Fiona W. Ong on December 1, 2020. www.aarp.org/volunteer. Over the years, the EEOC has investigated numerous job discrimination complaints brought by young workers. 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. In declining to hear these cases during the 2020 term, the Court may have simply postponed a reckoning. . 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 Subscribe to Employment Discrimination. reducing workload to assist recovery) can undermine an employee, causing them a detriment, if they are implemented without following a proper process. The employment tribunal found that this amounted to an act of disability discrimination. 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. Also, Dewhurst v Revisecatch represents a further interesting development to keep an eye on. Albertson's. 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. Alternative legal and compliance services developed by Eversheds Sutherland. Testa v. Albertson’s Contraceptive equities class action; Babbitt v. Albertson’s Race discrimination in employment; Chicago Fire Department 2018), a case involving older workers eligible to retire who were laid off in a reduction-in-force and were denied unemployment benefits unless they agreed to retire. © Eversheds Sutherland 2020. 19-995, 2020 WL 1978957 (U.S. Apr. Both federal and Wisconsin law prohibit employment discrimination on the basis of race, disabilities, age, religion, gender, sexual orientation and national origin. The core text of Title IX is not identical to that of Title VII, but it is very close. receive communications related to AARP volunteering. at 17-24. Equal pay for supermarket checkout staff and warehouse workers. to make and enforce contracts . section 4(a)(2) of the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. Disability discrimination – 3 recent cases 30th November 2015 / in News / by Nicola Brown. 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 … Royal Mail Group Limited v Efobi: the long-understood principle that initial onus is on claimants to produce sufficient evidence upon which to base a claim of discrimination was called into question in this case before the EAT. 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. The SC will now consider this issue for final determination. A pandemic atlas: South Africa acts quickly, dodges disaster . Equal Employment Opportunity Commission ... By Ryan Golden • Updated: Dec. 16, 2020 … It is unlawful for employers to discriminate (directly or indirectly) against workers, employees or job applicants who are disabled under the Equality Act 2010. Id. 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. See Kleber v. CareFusion Corp., 140 S. Ct. 306 (2019). 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. Employer not vicariously liable for rogue employee’s data leak Editorials. denied, 137 S. Ct. 2292 (2017). . 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. § 623(a)(2) (2016). News about Discrimination, including commentary and archival articles published in The New York Times. 2019), cert. Petition for a Writ of Certiorari, Vantage, at 3-4, No. 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. The Seventh Circuit recently concluded that such an approach is allowed in O’Brien v. Caterpillar, Inc., 900 F.3d 923, 930 (7th Cir. 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. at 927. On December 9, 2020, the EEOC filed the case, U.S. In Edelman, the Court accepted an unverified charge as sufficient to satisfy Title VII’s analogous exhaustion deadline, even though the complainant failed to verify the charge until after expiration of the 300-day period. 19-1476 (U.S. July 2, 2020). In Maryland, if your employment application includes criminal history questions, then you are not paying attention to Shawe Rosenthal’s electronic communications. Id. Testa v. ... September 3, 2020. § 626(d). 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