Last week, the Equal Employment Opportunity Commission (EEOC) filed a class action lawsuit against the United Parcel Service (UPS), claiming that the company had repeatedly failed to accommodate certain religious beliefs. Specifically, the complaint alleges that since 2004, UPS has refused to hire or promote certain individuals whose religious practices conflicted with the company’s dress code. Under UPS’ dress policy, male employees who either have a supervisory position or who have customer contact are not allowed wear beards or grow their hair below their collars….
Recently, a federal judge in the Eastern District of Michigan denied a company’s motion for summary judgment that Title VII and Michigan state law do not prohibit discrimination on the basis of perceived religion. Kallabat v. Michigan Bell Tele. Co.¸2015 BL 194351, E.D. Mich., No. 2:12-cv-15470. Despite the citation of other six federal district court decisions from other states (IL, KS, NC, NY, OH and TN) holding that Title VII does not cover a perceived religion claim, the court held that they would not bar…READ MORE
26 Jun EEOC revises its enforcement guidance on pregnancy discrimination to comport with recent Supreme Court rulingEEOC, Pregnancy | Jennifer Cerven
The EEOC just issued a revised version of its Enforcement Guidance on Pregnancy Discrimination and Related Issues in order to address a number of issues related to the U.S. Supreme Court’s recent decision in Young v. United Parcel Service, __ U.S. __135 S.Ct. 1338 (2015), which addressed the issue of disparate treatment of pregnant workers. The newly released version of the Enforcement Guidance will supersede the prior Enforcement Guidance on Pregnancy Discrimination that the EEOC released in July 2014 while the Young v. UPS…READ MORE
The Supreme Court scored a victory for the EEOC yesterday, and, notably, for religion. The court’s majority decision emphasized that religion is a protected class that requires “favored treatment.” The decision also underscores that religious practices are equivalent to one’s religious beliefs, and are accorded the same protection. Although the court could have limited its decision to the facts of this particular case (as did Justice Alito in his concurring opinion), it rejected the employer’s view that disparate treatment requires an employee to prove…READ MORE
Transgender status has been all over the news lately. As many of you saw on 20/20, Bruce Jenner publicly announced his gender transition to a woman in late April. We have also covered the various cases that have addressed transgender discrimination in lawsuits brought by the EEOC as well as individuals since late 2014. Most recently Saks & Company settled a controversial transgender discrimination case back in March. We are aware of EEOC’s position on this issue – that gender identity discrimination is covered by…READ MORE