Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: “Motion to Dismiss”

“Overqualified,” or just too old?

Posted in Discrimination, HR
Last week, I received a scathing comment from Dale Kleber, a Chicago-area lawyer and a plaintiff in an age discrimination lawsuit. Mr. Kleber did not like my gut reaction to his lawsuit, which was based on an article that I’d read in The Washington Post. It appeared to me that Mr. Kleber — then a 58-year-old lawyer with… Continue Reading

Too cute to work?

Posted in Defamation, Discrimination
In New York, if you’re fired for being too cute, your boss may be guilty of gender discrimination. In a case where it sounds like we are hearing only half of the story, a yoga and massage therapist claimed that her chiropractor boss and his wife (who was the COO of the practice) fired her solely because of… Continue Reading

The Deep Dive: A closer look at the Seventh Circuit’s sexual orientation decision

Posted in Discrimination, Sexual Orientation
As we reported early this morning, the full U.S. Court of Appeals for the Seventh Circuit decided in Hively v. Ivy Tech Community College of Indiana that the prohibition in Title VII against discrimination based on “sex” encompasses discrimination based on sexual orientation. It is the first federal appellate court to do so, although recent… Continue Reading

EEOC transgender case in Detroit will go forward

Posted in Civil Procedure, Discrimination, Gender Identity Discrimination
As our readers know, the EEOC filed two lawsuits last fall against private employers, alleging discrimination against transgender individuals: one case against a medical practice in Florida, and the other against a funeral home operation in the Detroit area. And as I reported last week, the Florida case settled for $150,000 plus some training and other… Continue Reading