About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Category Archives: Discrimination
Topless Pregnant Bartender Claims Discrimination?
This interesting headline showed up today — “Bartender in Topless Bar Says She Was Discriminated Against for Being Pregnant.” New York is apparently a one-party consent state, so the bartender’s secret tape recordings of her boss telling her that a … Continue reading
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EEOC Issues 2009 Enforcement and Litigation Statistics
The EEOC has issued its 2009 enforcement and litigation statistics here. Total charges were down from 2008, 95,402 to 93,277. Largest percentage increases in charges were in disability and retaliation. Lawsuits filed down from 325 to 314. More after the break.
New EEOC Enforcement Activity Against Use Of Credit History And Criminal Background In Hiring
Workplace Prof Blog notes here that the EEOC has filed a class action suit against an employer in Dallas for the use of credit history and criminal background as selection crieria in the hiring process. The EEOC has long argued … Continue reading
4th Circuit Reverses Summary Judgment In Age Case
In an unpublished opinion, the Fourth Circuit reversed the district court’s grant of summary judgment for the defendant employer on a discrimination claim brought under the Age Discrimination in Employment Act (“ADEA”). The case is Inman v. Klockner Pentaplast of … Continue reading
Genetic Information Nondiscrimination Act (GINA) Effective November 21
The Genetic Information Nondiscrimination Act (GINA) goes into effect November 21, 2009. The Manpower Employment Blawg has a post about GINA here. Our previous posts on GINA are here and here. UPDATE: The New York Times has a story here.
New Discrimination Laws A Priority For Administration
According to representatives of the Justice Department, the “Employment Non-Discrimination Act” (which bars employment discrimination based on a person’s “actual or perceived sexual orientation or gender identity”) is a top legislative priority for the Obama Administration. The BLT has the … Continue reading
Sexual Orientation Discrimination Update
The WSJ Law Blog has a post today here on a recent decision by the U.S. Court of Appeals for the Third Circuit that recognized a claim by an effeminate homosexual man for “gender stereotyping” discrimination. The court of appeals reversed … Continue reading
No Mixed Motive Cases Under ADEA Says U.S. Supreme Court
The U.S. Supreme Court held today in Gross v. FBL Financial Services, Inc. that a plaintiff in a case brought under the Age Discrimination in Employment Act (ADEA) cannot use the “mixed motive” proof standard to prove their claim. A sampling … Continue reading
Height and Weight Discrimination?
Overlawyered.com has the story today here on a new law passed by the City Council in Binghamton, New York, prohibiting discrimination based on height or weight. If the City Code provides a private right of action for violations, this is … Continue reading
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Record Number of EEOC Charges Filed in 2008
According to the EEOC’s Fiscal Year 2008 Performance and Accountability Report (here), private sector charges rose 15.2% over last year — a total of 95,402 charges. Total monetary benefits recovered were less in 2008 than the prior year. (The summary … Continue reading
Transgender Woman Wins Discrimination Lawsuit In D.C.
A transgender woman has won a bench trial in the U.S. District Court for the District of Columbia on her claim under the Civil Rights Act of 1964 for discriminatory refusal to hire based on gender. The court’s opinion can … Continue reading
Residents Awarded $10.9 Million For Discriminatory Denial Of Water
Although not employment related, the story about black residents in an Ohio neighborhood being awarded $10.9 million for racially discriminatory denial of their public water service is interesting. The story is here and here. What I found most interesting about … Continue reading
Associational Discrimination
Three recent decisions by the Courts of Appeals offer the opportunity to discuss discrimination or retaliation based on a person’s association with another person. The first is Holcomb v. Iona College, No. 06-3815 (2d Cir. 2008). The opinion can be … Continue reading
$1.7 Million Default Judgment Awarded In Age/Sex Discrimination Case
IL — Chicago woman awarded $1.7 by U.S. Magistrate Judge in age and sex discrimination suit. Her employer allegedly pulled her hair back and asked the 72-year old woman if she had had a face lift before terminating her employment. … Continue reading
Genetic Information Nondiscrimination Act of 2008
The U.S. House approved the Senate version of the Genetic Information Nondiscrimination Act of 2008 today in a 414-1 vote. According to PointofLaw.com, the bill is expected to be signed by the President. UPDATE: President Bush signed the GINA on … Continue reading
