The Oldest Blog
A first amendment blog for school administrators and attorneys.
The range of employment decisions subject to Title VII scrutiny continues to grow. As discussed in previous posts, the Fifth Circuit recently overturned its prior precedent limiting Title VII discrimination claims to “ultimate employment decisions,” finding that Title VII’s protections extend to any adverse employment action that materially impacts the “terms, conditions, and privileges” of employment. Now, the United States Supreme Court has lowered the bar even further for Title VII plaintiffs complaining about discriminatory job transfers.
The post Employers, Take Note: Transferring an Employee to Another Position with the Same Rank and Pay May Now Get You Sued Under Title VII appeared first on Educated Employer.
This week, the Equal Employment Opportunity Commission (“EEOC”) issued its final rules and accompanying interpretive guidance for implementation of the Pregnant Workers Fairness Act (“PWFA”). The PWFA, a new federal law that became effective in June 2023, requires most employers with 15 or more employees to provide reasonable accommodations to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. While the PWFA builds upon existing protections against pregnancy discrimination under Title VII and the Americans with Disabilities Act, it fills in identified gaps in the legal protections for employees.
The post UPDATE: EEOC Releases Final Rules for Accommodating Pregnancy or Related Conditions appeared first on Educated Employer.
As mentioned in our prior post about the Fifth Circuit’s August 2023 opinion in Hamilton v. Dallas County, employees no longer must allege discrimination in an “ultimate employment decision” to state a claim under Title VII. Instead, Hamilton established a new standard more closely tied to the statutory language of Title VII that allows employees to state a viable Title VII discrimination claim based on allegations that they faced discrimination in any “adverse employment decision.” Under Title VII, actionable “adverse employment decisions” include discrimination in hiring, firing, compensation, or in the “terms, conditions, or privileges” of employment.
In light of the new Hamilton standard, questions arose as to what kinds of adverse employment decisions would give rise to actionable Title VII claims. In its post-Hamilton case of Harrison v. Brookhaven School District, 82 F.4th 427, the Fifth Circuit provided some guidance as to what constitutes an actionable “term, condition, or privilege” of employment.
The post “Terms, Conditions, or Privileges”: Fifth Circuit Applies New Hamilton Standard to Find Potential Discrimination in School District’s Failure to Pay for Superintendent Leadership Academy appeared first on Educated Employer.
The post Menorahs One, Sacred Sheep Zero: The Eleventh Circuit rules that a ban on religious advertising in public transit is unconstitutional appeared first on The Oldest Blog.
