© Eversheds Sutherland 2020. sex” in Title VII encompasses bias based on sex stereotypes and gender identity), is likely to have significant ripple effects. G v British Airways, 2020, Employment Tribunal The tribunal refused to allow a claimant to amend his claim to add disability discrimination related to stammering. Editorials. By Melissa Legault on July 8, 2020 Posted in Discrimination, Employment Law, News, Recent Cases, Religion, Termination The religious education and formation of students is the very reason for the existence of most private religious schools, and therefore the selection and supervision of the teachers upon whom the schools rely to do this work lie at the core of their mission. at 927. See Babb v. Wilkie, 140 S. Ct. 1168 (2020) (holding 8-1, in an opinion penned by Justice Alito, that plaintiffs need only prove age was “a factor” in an employer’s conduct, rather than that it was a “but-for cause” thereof, in order to establish liability under the Federal sector provision of the ADEA, 29 U.S.C. Preview of 2019-2020: Sex Discrimination and Fiduciary Duty on the Docket The Supreme Court granted certiorari for the October 2019 term in several cases with important employment … In declining to hear these cases during the 2020 term, the Court may have simply postponed a reckoning. LEXIS 560 (Tex. Recent Cases; Media Archive; Contact Us; Home; Unlawful discrimination; Unlawful discrimination . 1. The SC will now consider this issue for final determination. One petition for certiorari still pending as of the issuance of this Preview poses issues of significant interest to employers hoping to limit the reach of two prior decisions, Fed. As the new year begins we highlight some key cases for HR practitioners and in-house employment counsel which are proceeding in 2020 or are awaiting approval to proceed but are likely to prove significant: Oxford professor forced to retire at 69 wins age discrimination claim. . . Here is our list of the top 5 cases of 2019 and their key take-aways for employers and employees alike. Colistro v. Tbaytel, 2019 ONCA 197. receive communications related to AARP volunteering. It is unlawful for employers to discriminate (directly or indirectly) against workers, employees or job applicants who are disabled under the Equality Act 2010. 535 U.S. at 109, 116-17. In cases raising this issue, en banc U.S. Courts of Appeals have vacated panel decisions recognizing such a claim. We have put together a brief summary of 10 Canadian decisions we believe employers should be aware of as we head into 2020. 2016), cert. Various claimants v Morrisons Supermarkets: the SC will issue its decision regarding when an employer can be vicariously liable for a data breach resulting from the theft and disclosure of employee data by a disgruntled employee. Reading Time: 3min read 4. Posted in Unlawful discrimination. This covers virtually all higher education institutions, based on their students’ receipt of Federal student financial aid, and all public schools. By Tyler S. Laughinghouse & Ryan M. Bates on June 15, 2020. Yet, it affirmed dismissal of the plaintiffs’ claims, finding that the payout formula was founded on “reasonable factors other than age,” such as the company’s desire to encourage the retirement of retirement-eligible employees. But finally, in Smith v Pimlico Plumbers 2: watch out for a potentially significant decision concerning the statutory time period within which holiday claims must be raised and whether a gap of three months or more acts as a cut-off. If the SC upholds the CA decision in favour of the claimants, it could prove transformative for the gig economy and online and platform engagements. In a recent case, an employee who worked for a well-known aerospace company faced different forms of discrimination. Also, Dewhurst v Revisecatch represents a further interesting development to keep an eye on. EEOC Age Discrimination Case Alleging Older Workers Were Targeted For Termination Settles. § 623(a)(2) (2016), Americans with Disabilities Act of 1990 (ADA), Petition for a Writ of Certiorari at 12-17, Senior Community Service Employment Program (SCSEP). The intention was to punish the defendant and deter them from future discriminatory employment practices, said … You will be asked to register or log in. As we shut the door on 2019 and begin 2020, we at SpringLaw thought this was a good time to look back on some of the biggest 2019 employment law cases in Ontario! Employer not vicariously liable for rogue employee’s data leak Editorial Truss and the government are playing a dangerous game over equality. The Court denied certiorari in two cases concerning the standard of proof of causation required under the Americans with Disabilities Act of 1990 (ADA),  Murray v. Mayo Clinic, 934 F.3d 1101 (9th Cir. Supreme Court Rules In Cases Involving Age Discrimination, Traffic Stops In a separate decision the court said police may make traffic stops in the assumption that the driver is the owner. Home > Employment law > Cases of Interest Employment New Zealand Although the CA reasserted the view that the initial burden of proof lies with claimants, SC is to provide the final word on this on appeal and vital clarification. Posted in Background Checks, Employment Discrimination, Laws & Regulations, Legislative Developments. § 633a(a); AARP and AARP Foundation filed an amicus brief supporting the employee); Comcast Corp. v. Nat’l Ass’n of African Am.-Owned Media, 140 S. Ct. 1009 (2020) (declaring, in a unanimous decision authored by Justice Gorsuch, that the “but-for cause” standard must be satisfied in order to prove a violation of 42 U.S.C. The FY 2019 data show that retaliation continued to be the most frequently filed charge, followed by disability, race, and sex. GBDH, Disability Rights California and Other Co-Counsel file lawsuit against Alameda County on behalf of People with Serious Mental Illness. to search for ways to make a difference in your community at Find decisions on Employment Tribunal cases in England, Wales and Scotland from February 2017 onwards. 2017), while the Eighth Circuit two decades ago held otherwise, EEOC v. McDonnell Douglas Corp., 191 F.3d 948, 950-951 (8th Cir. The case … The provider’s terms, conditions and policies apply. Pure - Legal Updates Pure - Events News. Cases: Employment Discrimination. While the focus has been on the impact of the coronavirus pandemic, HR professionals have still had their fair share of employment law cases to keep track of in 2020. As the new year begins we highlight some key cases for HR practitioners and in-house employment counsel which are proceeding in 2020 or are awaiting approval to proceed but are likely to prove significant: Royal Mencap Society v Tomlinson-Blake: in a long-running case of particular significance for the social care sector, the SC will consider whether workers carrying out ‘sleep-in’ shifts are entitled to the national minimum wage only during the time they are awake and working, not when they are sleeping at the workplace. Id. Willmott v Woolworths Ltd [2014] QWCAT 601. The company also paid such benefits to retirement-ineligible employees as part of an agreement with machinist and aerospace worker unions in return for the union’s agreement to eliminate a formal unemployment benefits plan. An Oxford University professor forced to retire before his 70th birthday because of the university’s employer justified retirement age policy (EJRA) was unfairly dismissed and discriminated against, an employment tribunal ruled. The Supreme Court is due to hear Royal Mencap Society on 12 and 13 February 2020. More recently, in the case of Taylor v Jaguar Land Rover Ltd, an Employment Tribunal decided that a gender fluid / non-binary employee had the protected characteristic of gender reassignment. Petition for a Writ of Certiorari, Vantage, at 3-4, No. Both federal and Wisconsin law prohibit employment discrimination on the basis of race, disabilities, age, religion, gender, sexual orientation and national origin. Vantage argues that allowing such filings to suffice undermines the goal of assuring timely notice to employers of their charge of discrimination and discourages complainants from promptly clarifying their intention to proceed before the EEOC. Assuming the case proceeds, employers with a recognised trade union will await with interest SC clarification of the scope of s145B. www.aarp.org/volunteer. to make and enforce contracts . as is enjoyed by white citizens.”). Retirement-eligible workers were significantly older, and yet, only they had to take an additional step—retiring—to receive unemployment benefits. Another emerging issue involving disparate impact claims in the age discrimination arena—a theory the Court recognized as valid in Smith v. City of Jackson, 544 U.S. 228 (2005), and further defined in Meacham v. Knolls Atomic Power Lab., Inc., 554 U.S. 84 (2008)—is whether sub-groups of individuals over age 40 (such as those 50 and over) may bring disparate impact claims under the ADEA. again. In the meantime, please feel free Further clarification expected over the calculation of holiday pay? The EAT is likely to hear an appeal of a tribunal decision in which it was found that TUPE can apply to workers. On December 9, 2020, the EEOC filed the case, U.S. 20, 2020). Alternative legal and compliance services developed by Eversheds Sutherland. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. In the next 24 hours, you will receive an email to confirm your subscription to receive emails You'll start receiving the latest news, benefits, events, and programs related to AARP's mission to empower people to choose how they live as they age. December 08, 2020 : Marcus G. Keegan Appointed as Regional Attorney for EEOC’s Atlanta District Office: December 07, 2020 : Kansas City Nursing Home to Pay $40,000 to Settle EEOC Pay Discrimination Claims: December 02, 2020 : EEOC Launches New Data Tool to Track Employment Trends: December 02, 2020 Both federal and Wisconsin law prohibit employment discrimination on the basis of race, disabilities, age, religion, gender, sexual orientation and national origin. 2018)(AARP Foundation attorneys represented Mr. Kleber), vacated and contrary result entered on reh’g en banc, 914 F.3d 480 (7th Cir. By Devin Dwyer and Alexandra Svokos. 1999). This is what employment discrimination means in legal cases. 22 December 2020. in Opinion. Bostock v. Clayton County, 590 U.S. (2020) The Supreme Court has issued a landmark decision in Bostock v. Clayton County, holding that Title VII prohibits discrimination against employees based upon sexual orientation and transgender status. Mailing Lists . Although a case in its relatively early stages (heading to the EAT), in a different case in Northern Ireland the appeal court there has disapplied such a cut off where there is a “series” of deductions. Maternity pay vs shared parental leave pay. Employment Discrimination Lawsuits Are Rising Rapidly . This is where complexity meets clarity. This case illustrates how steps capable of being presented as reasonable adjustments (e.g. The case was filed under a statute that allows unlimited punitive damages. We have put together a brief summary of 10 Canadian decisions we believe employers should be aware of as we head into 2020. The legal question posed and its significance in the workplace suggest the case may well proceed to the SC, establishing once and for all whether, in principle, a contractual obligation to work voluntary overtime is necessary before it can be counted as “normal pay”. For instance, Bostock is likely to be the basis for litigation challenging discrimination based on sex stereotypes and/or gender identity in colleges and universities and K-12 public schools under Title IX of the Higher Education Amendments of 1972, which prohibits discrimination because of “sex” in educational institutions receiving Federal financial assistance. Testa v. Albertson’s Contraceptive equities class action; Babbitt v. Albertson’s Race discrimination in employment; Chicago Fire Department Recent Legal Updates. Javascript must be enabled to use this site. Post navigation Current Cases. These cases highlight interesting or topical employment cases. at 929. 2019), and Villarreal v. R.J. Reynolds Tobacco Co., 806 F.3d 1288 (11th Cir. The First, Sixth, and Seventh Circuits have not yet settled on a standard for these claims. The U.S. For background and details of the earlier Northern Irish case see our Previous briefing. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. Also, in Harpur Trust v Brazel: another case awaiting permission to proceed to appeal but which, if it proceeds, will see the SC review appropriate holiday pay for term time workers and whether the CA was correct to rule a 12.07% cap upon annualised hours to be unlawful. Konexo is now present in the UK, US, Hong Kong, Singapore and Malaysia. § 1981 (1977), which guarantees “[a]ll persons . As a result, it may give rise to follow-on cases before the Court, albeit under other Federal civil rights laws governing conduct beyond the realm of employment. The retail sector will be asked to register or log in in your and. 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