Tag Archives: Title VII

Illinois District Court Refuses to Certify Class Based on Anti-harassment Policy

Photo of Greg MersolBy Greg Mersol on Posted in Anti-harassment
hopscotchMost employers today have anti-harassment policies covering race, gender and other types of discrimination to help comply with state and federal antidiscrimination legislation and to take advantage of the affirmative defense described in Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998). But what … Continue Reading

Another bill aimed at employee arbitration agreements – this time to nullify Epic Systems

Photo of John LewisBy John Lewis on Posted in Arbitration, Epic Systems, NLRB
On Oct. 30, 2018, Rep. Jerrold Nadler, D-N.Y., and Rep. Bobby Scott, D-Va., together with 58 Democratic cosponsors, introduced the Restoring Justice for Workers Act, H.R. 7109. Unlike some earlier bills, this proposed legislation would prohibit all pre-dispute arbitration agreements covering employment claims, forbid retaliation against employees for refusing to arbitrate those disputes and amend … Continue Reading

Sixth Circuit Remands Memphis Title VII Disparate Impact Case, Yet Again

Photo of Greg MersolBy Greg Mersol on Posted in Discrimination, Title VII
It’s hard not to feel sorry for the residents of Memphis, Tennessee.  Depending on which source you consult, its violent crime rate hovers between three and four times the national average, and various publications describe it as one of the top 10 most violent cities in the United States.  As we’ve commented previously, its fire department has … Continue Reading

District Judge Allows Rail Union to Side Step Rule 23 with Pattern-Or-Practice Claim

Photo of John LewisBy John Lewis on Posted in Discrimination, Rule 23, Title VII
A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23.  In Brotherhood of Maintenance of Way Employees v. Ind. Harbor Belt R.R. Co., (Case No. 2:13-cv-00018, 2014 WL 4987972,October 7, 2014), … Continue Reading

Multiple Courts Criticize EEOC Behavior In Class Cases

Photo of Greg MersolBy Greg Mersol on Posted in Discrimination, EEOC, Retail, Title VII
Over the last 5 years, the EEOC has become increasingly aggressive in the bringing and pursuit of broad initiatives and, in particular, class litigation.  Cynics can debate whether this springs from a desire to make a difference or one to bully employers through litigation costs into abandoning lawful practices that are not to its liking, … Continue Reading

Seventh Circuit Reverses Certification of Construction Workers’ Race Discrimination Classes 
Based Upon Wal-Mart

Photo of John LewisBy John Lewis on Posted in Discrimination, Retail
The U.S. Court of Appeals for the Seventh Circuit, in an opinion written by Chief Judge Frank Easterbrook, reversed an Order certifying two multi-site classes of black construction workers alleging race discrimination based upon the U.S. Supreme Court’s decision in Wal-Mart Stores v. Dukes, 131 S. Ct. 2541 (2011).  In Bolden v Walsh Construction.pdf, (No. … Continue Reading
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