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Tag Archives: discrimination

Five ways to get sued for pregnancy discrimination (access required)

A recent appeals court decision in Oregon has highlighted some of the best ways to get sued for pregnancy discrimination. There are a lot of ways an employer can get sued when it has a pregnant employee because there are many rules and laws that need to be followed – family leave law permits the employee to take time off for pregnancy complications, and for the delivery, and for family bonding time, too.

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Civil Rights – Discrimination – Public Utilities — Solid Waste Collection – Constitutional – Equal Protection Clause (access required)

Cedar Greene, LLC v. City of Charlotte The city’s policy of reimbursement for solid waste disposal for multi-family complexes – namely that it will reimburse solid waste disposal fees only for its single preferred collection company – is not discriminatory.

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Civil Rights – Discrimination – Public Utilities — Solid Waste Collection – Constitutional – Equal Protection Clause (access required)

Cedar Greene, LLC v. City of Charlotte The city’s policy of reimbursement for solid waste disposal for multi-family complexes – namely that it will reimburse solid waste disposal fees only for its single preferred collection company – is not discriminatory.

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Labor & Employment – Civil Rights – Public Employees – Schools & School Boards – Constitutional – Equal Protection – Discrimination – Sexual Orientation – In Forma Pauperis (access required)

Dawkins v. Richmond County Schools Plaintiff alleges that he was let go from his teaching position because, according to a school administrator, the defendant-principal “had a problem with” plaintiff’s sexual orientation. This allegation is sufficient to state a claim under 42 U.S.C. § 1983 for a violation of the Equal Protection Clause.

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Judge dismisses class action against Family Dollar   (access required)

A U.S. District Court judge in Charlotte has dismissed a class-action lawsuit that accuses the Family Dollar discount-store chain of discriminating against female employees. The plaintiffs in Scott v. Family Dollar Stores, Inc. failed to meet the standard for class claims set by the U.S. Supreme Court’s landmark decision in Dukes v. Wal-Mart Stores, Inc., Judge Max O. Cogburn Jr. determined in a Jan. 13 order. Cogburn appears to be the first federal judge in the country to interpret the Dukes ruling in a potential nationwide class-action employment suit, according to the head of Family Dollar’s defense team, John R. Wester of Robinson, Bradshaw & Hinson in Charlotte. His colleagues David C. Wright III and Adam K. Doerr also represent the company.

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Labor & Employment – Discrimination – ADA – Partial Waiver of Immunity (access required)

Lee-Thomas v. Prince George’s County Public Schools A school board employee in Maryland can sue the board under the Americans with Disabilities Act for an alleged failure to accommodate her hearing disability, as the state has waived its 11th Amendment immunity for claims of $100,000 or less; the 4th Circuit upholds the district court decision allowing the claim to go forward.

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Labor & Employment – Civil Rights – Discrimination – Exempt Religious Organization — Religious Harassment – Brethren Dress Code (access required)

Kennedy v. St. Joseph’s Ministries Inc. A Catholic nursing-care facility is an exempt religious organization under Title VII. It cannot be sued by a geriatric nursing assistant who alleged religious harassment after she refused to abandon her Church of the Brethren dress code that called for long skirts and hair covering.

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