The United States Supreme Court long ago realized that discrimination in the workplace occurs beneath the surface, as subtle as it is pernicious. How does a victim of discrimination prove the discrimination occurred when there is no smoking gun email or admission by an employer? The Supreme Court’s decision in McDonnell Douglas Corp. v. Green, […]
NC Employment Law Blog
Employers increasingly use artificial intelligence (“AI”) hiring programs to weed out applicants. These programs are the beginning stages of automating the recruiting arm of human resources. Learn how AI recruiting software and using artificial intelligence in the hiring and selection process can discriminate against applicants in protected classes.
Unfortunately, determining whether is a worker is legally an employee or an independent contractor is not always easy. Different laws use different tests to determine whether a worker is an employee of an independent contractor. However, the tests have a few things in common. First, the worker’s agreement that he is an “independent contractor” rather […]
One of the most significant decisions a company makes about a worker is how to classify the worker. Is the worker an “independent contractor” or “subcontractor”? Or is the worker an “employee”? While these terms are often used interchangeably, the legal difference is significant. Generally speaking, employees have far more legal rights than independent contractors. […]
Most people who have to take a medical leave from work are under the impression that they are a “protected” employee and that their jobs are secure. But this is often not the case for many folks returning to work from paid leave.
Practitioners in our field have grown accustomed to seeing others’ dismay as they discover that Title VII does not bar sexual orientation discrimination, but now it has changed. On April 4, 2017, the full 7th Circuit U.S. Court of Appeals, in an 8-3 decision, ruled that sex discrimination extends to sexual orientation.
The repeal of House Bill 2 ends a year of high drama in The Old North State, but many challenges remain for the LGBTQ community. Gone is the most odious provision of this notorious law. The clause prohibiting anyone from using a restroom other than that which corresponds to their birth certificate is history.
Fifth Circuit Rules Retaliation Provision of the Fair Labor Standards Act Permits Recovery for Emotional Distress Damages
A Texas man struck gold last week with the Fifth Circuit’s decision that the Fair Labor Standards Act (the “FLSA”) allows retaliation victims to recover emotional distress damages.
Dos Equis beer maker Cuauhtémoc Moctezuma Brewery doesn’t always discriminate, but when it does, it appears to do so on the basis of age. Last week, the beer maker announced that it was replacing its 77-year old most interesting man spokesman, Jonathan Goldsmith, with 41-year old French actor.
The families are grateful for Judge Caldwell’s order denying Defendants’ Motion to Dismiss on all four claims brought against Calvary Church. While the Court required several revisions to the Complaint, these were largely stylistic and did not impact the substance of the families’ claims. The case now proceeds to discovery, where the families will now […]
Fourth Circuit Rules that Title IX Provides Transgender Students Right to Bathroom of Gender Identity
On Tuesday, April 19, 2016, the Fourth Circuit Court of Appeals issued a landmark decision, holding for the first time that federal law prohibits public schools from denying transgender students access to bathrooms that correspond with their gender identities. The Fourth Circuit’s 2-1 decision overturned the United States District Court for the Eastern District of Virginia’s holding that Title IX of the Education Amendments Act does not allow for students to use the restroom that aligns with their gender identity.
Last night, Governor Pat McCrory signed House Bill 2 into law, a mere 10 hours after it was first revealed to the public. In their haste to strike down Charlotte’s Non-Discrimination Ordinance, the General Assembly and Governor enacted a law that does far more than prohibit transgender and gender nonconforming Charlotteans from using public restrooms.