Discrimination

On the Basis of Hair: What Employers Should Know Now About Hairstyle Discrimination
March 4, 2019
Employers across the country are on watch after a recent flurry of news about hairstyle discrimination.
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RIFs Are Not the Easy Solution for Problem Employees
January 16, 2019
Some employers view a reduction in force as an apparently easy and clean way to get rid of employees they do not want – like poor performers, who have not been properly performance-managed. The case of Hawks v. Ballantine Communications, Inc., however, highlights the peril of such thinking.
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Extraordinary Employee Misconduct: Hitting on Arrestees!
January 9, 2019
I was both shocked and amused by a case involving a trooper who was fired after he hit on a female motorist after arresting her! While he was on a last chance agreement for (wait for it…) hitting on another female motorist after arresting her!
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The Missouri Human Rights Act Does Not Apply Outside of Missouri
December 27, 2018
In Dwight Tuttle v. Dobbs Tire & Auto, Inc., No. ED106615 (Dec 18, 2018), Robert Younger and Dean Kpere-Daibo of McMahon Berger successfully defended an age discrimination and retaliation suit brought pursuant to the Missouri Human Rights Act where the Plaintiff was employed in Illinois.
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Tattoos and Social Media = Age Discrimination?
December 20, 2018
When a company relaxes its workplace policies to allow employees to openly display tattoos and use social media at work, does that mean it’s discriminating against older people?
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Lawsuit Over Health Insurance Coverage for Gender Reassignment will Proceed
September 27, 2018
A lawsuit against Essentia Health and HealthPartners regarding denied coverage for gender transition care has been allowed to proceed past a motion to dismiss.
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What, #MeToo??
September 26, 2018
It has become an all too familiar story in this age of #MeToo: a supervisor using managerial authority to pressure a subordinate to give sexual favors.
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Extraordinary Employee Misconduct – Threatening Witnesses Through Facebook
September 12, 2018
I am constantly amazed by the lack of judgment that people exhibit in their social media postings.
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Is Equal Pay becoming the new #MeToo?
June 7, 2018
In the era of the #MeToo movement, it may be easy to overlook that equal pay is also having a moment. A huge moment.
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Starbucks – Training Employees on the Obvious?
May 24, 2018
What is obvious? Well, I’d say the direction that Starbucks gave to its employees to call 911 if they observe a customer using or selling drugs. Or there’s a fire or robbery. This is associated with Starbucks’ new policy on non-paying guests in its stores.
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Missouri: Are Government Entities Required To Provide Public Accommodations Under The Missouri Human Rights Act?
April 30, 2018
On April 25, 2018, the Missouri Supreme Court heard oral arguments in R.M.A. v. Blue Springs R-IV School District that could have far-reaching implications for the civil rights protections granted to the state’s transgender community.
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Second Circuit Joins Seventh Circuit in Recognizing Sexual Orientation Discrimination as Discrimination Because of Sex in Violation of Title VII
February 27, 2018
On February 26, 2018, the Second Circuit Court of Appeals (covering Connecticut, New York, and Vermont) joined the Seventh Circuit Court of Appeals (covering Illinois, Indiana, and Wisconsin) in finding that Title VII’s prohibition against discrimination because of sex includes discrimination due to sexual orientation.
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