Ellen Simon

Employee Rights Short Takes: Wage Discrimination, Race Discrimination, Sexual Harassment and More

Here are a few Short Takes worth sharing: Sex Discrimination Ninth Circuit Certifies Wal-Mart Class Action: In Dukes v. Wal-Mart, a decision from the Ninth Circuit Court of Appeals on April 26th, the Court certified a class in a Title VII lawsuit involving 1.5 million women seeking compensation for back pay. The Court remanded the case …

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Age Discrimination Gets Attention Of Congress

Hearings Held On Federal Discrimination Bill To Overturn Gross Decision Last week, both the House and Senate held hearings on the Protecting Older Workers Against Discrimination Act (POWADA) (H.R. 3721, S. 1756). The legislation would overturn the awful Gross v. FBL Financials Services, Inc. case decided by the Supreme Court last year. If passed,  the …

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Truck Driver Wins Gender Discrimination Case In Fourth Circuit

Court Elaborates On Types Of  Evidence For Proof Of  Discrimination The recent case of Merritt v. Old Dominion Freight is hands down one of the best decisions I have come across in a long time. It addresses gender discrimination, sex stereotyping, and a corporate culture of discrimination in a way few cases have. It’s simply …

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It’s Equal Pay Day And Time To Pass The Paycheck Fairness Act

Wage Discrimination Needs Attention And A Legislative Fix April 20, 2010 is Equal Pay Day. It was established in 1996 to illuminate the gap between men’s and women’s wages. The date symbolizes how far into 2010 women must work to earn what men earned in 2009. This year, with the support of President Obama, Equal …

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Employee Has Privacy Interest In E-Mail Communications To Attorney On Company Computer

Employee’s E-Mails To Lawyer On Company Laptop Are Off Limits The decision by the Supreme Court of New Jersey in Stengart v. Loving Care Agency has a lot  of lawyers talking. The case has to do with the privacy interests of an employee’s personal e-mail on a company computer and the attorney-client privilege. The reason …

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It’s Nothing New: Male Dominated Professions Foster Culture Of Sex Discrimination

Bankers and Police Officers Charged With Gender Discrimination, Sexual Harassment and Retaliation Two vastly different professions – banking and law enforcement – yet they share something in common and that is a culture of gender discrimination. It’s the same stuff that’s been going on for decades in spite of federal laws which make sex discrimination, …

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Could This Be News? Employee Fired Because She Was Too Old And Too Expensive Has Right To Age Discrimination Trial

Direct Evidence Of Age Discrimination Gets Plaintiff Jury Trial: Court Wrongfully Applied Mixed Motive Standard To Bounce The Case It’s hard to believe that this age discrimination victim got thrown out of court and had to go to the Eleventh Circuit Court of Appeals for a reversal but here’s what happened in the recently decided …

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JetBlue Loses Appeal On Hostile Work Ennvironment Age Discrimination And Retaliation Claims

Complaints To Supervisor/Harasser Are Sufficient To Overcome Affirmative Defense On Hostile Environment Claim There’s lots of meaty reading in the Second Circuit case of Gorzynski v JetBlue Airways Corporation decided this month. The 31 page opinion hits multiple issues including sexual harassment, age discrimination, race discrimination, and retaliation. The Federal District Court threw out the …

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.