50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions

Number 39: Statistics In Discrimination Cases Statistics have been a component of discrimination litigation since Title VII enforcement actions began to catch on.  Normally, statistics arise in a disparate impact…

Number 38:  The Supreme Court Defines “Supervisor” for Employer Liability In hostile environment harassment cases under Title VII, an employer’s liability for the conduct of its employees depends on whether…

Number 37: The Supreme Court Raises The Bar On Proving Retaliation Throughout this series, we have discussed how common retaliation claims have become and how challenging the courts have found…

Number 36: “Family Status” Is Not a Protected Class (…or is it?)  Family status discrimination (“FSD”) is an increasingly recognized term that refers to discrimination against employees on the basis…

Number 35: Title IX: We’ve Come a Long Way, Baby For starters, you can’t refer to employees in the workplace as “baby” anymore. And for that, we can thank the…

Number 34: Religious Dress And Appearance Requires Courts To Strike A Delicate Balance Between Religious Freedom And Business Needs A recent survey by the Pew Research Center reports that 58% of Americans…

A  Los Angeles County Superior Court Judge ruled Tuesday in Vergara v. State of California that teacher tenure laws in California are unconstitutional because they deprive students of their right to…

Number 33: The “Cat’s Paw” Doctrine: Conniving Monkeys, Gullible Felines, and Employer Liability Over the fifty years of equal employment opportunity law jurisprudence, many obviously-named legal theories have emerged, including the…

Number 32: Understanding Retaliation Claims Under Title VII and the Employee’s Good Faith Belief Requirement One of the plaintiffs’ bar’s perennial favorite claims is the amorphous and, hence, ubiquitous retaliation claim. …

Number 31:  Discrimination Claims are Arbitrable Arbitration agreements are a common feature of employment relationships today, widely used as a tool for avoiding jury trials of discrimination, harassment and other…