Avoiding Subtle Discrimination and Retaliation Suits in an Employee-Friendly Environment
CD of a Teleconference with an Q & A
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Recent federal court rulings have increased uncertainty for employers, creating new grey areas in Title VII compliance.
The U.S. Supreme Court's decision in Burlington Northern Santa Fe Railway Co. v. White (BNSF) -- that unlawful retaliation under Title VII does not require an "ultimate employment decision" such as termination, demotion, or pay reduction -- may contribute to employer insecurity.
Employee-friendly court decisions are altering the benchmarks for discrimination and retaliation claims, raising concern by employers about whether such claims and litigation will increase.
The Ninth's Circuit's decision in EEOC v. NEA held that conduct that is "rude, overbearing, obnoxious, loud, vulgar, and generally unpleasant" can support employment discrimination under Title VII.
Will more "subtle" workplace conduct such as sarcasm, snubs, and other acts, become a source of new labor law liability for employers?
Listen as our panel of Title VII legal specialists provide their perspectives on BNSF and other rulings, and their best guidance and practical strategies for employers and their counsel dealing with the new standards and trends in Title VII claims.
The panel includes:
Dianna B. Johnston, Assistant Legal Counsel for Title VII/ADEA/Equal Pay Act division of the EEOC, Washington, DC, provides legal advice and assists the Commissioners in developing agency policy on new and complex employment discrimination issues under all three statutes. She has argued Title VII cases before nine of the federal Circuit Courts of Appeals.
Eric A. Tate, Partner, Morrison Foerster, Palo Alto, represents management in all aspects of employment and labor law, including discrimination and harassment and wrongful termination. He provides a substantial amount of employment law counseling and training and is a frequent speaker on employment law topics.
Lisa M. Szafranic, Partner, Martenson, Hasbrouck & Simon LLP, Atlanta, concentrates her practice in labor and employment law with an emphasis on the defense of employers against discrimination claims.
The panelists addressed these key questions:
- What kinds of workplace conduct - that previously may have been viewed as "merely obnoxious" - might support Title VII claims under the Court's ruling in BNSF?
- Should employers and their counsel reevaluate the employers' position on current claims and workplace practices in light of BNSF and other rulings?
- What are suggested best practices for employers facing employee complaints regarding workplace issues that may support subtle discrimination claims?
- How can employers avoid or mitigate employee discrimination suits in light of recent trends in Title VII rulings?
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