Employer Notes

Showing 12 posts in Discrimination.

Sixth Circuit: Liberal Standard for Workplace “Association” Discrimination Cases

In Barrett v. Whirlpool Corp., __ F.3d __, No. 08-5307 (Feb. 23, 2009) the Sixth Circuit Court of Appeals held that white employees who suffered discriminatory harassment in the workplace due to their friendship with African-American employees could maintain a cause of action under Title VII.   Read More ›

Genetic Information Non-Discrimination Act signed into law

On May 21, 2008, President George W. Bush signed into law the Genetic Information Non-Discrimination Act (the “Act”). The Act prohibits employers, labor unions and insurers from discriminating against employees on the basis of genetic information. President Bush stated that “it protects our citizens from having genetic information misused, and this bill does so without undermining the basic premise of the insurance industry.”    Read More ›

Claim For Sexual Orientation Discrimination Not Viable In Court

Although Kentucky state law does not prohibit sexual orientation discrimination, such a prohibition does exist in Jefferson County pursuant to Louisville-Jefferson County Metro Government Ordinance Chapter 92(the "Ordinance").   Read More ›

Supreme Court: No per se rule blocking “me, too” evidence of employment discrimination

The Supreme Court issued a decision Tuesday in Sprint/United Management Co. v. Mendelsohn (No. 06-1221, Feb. 26, 2008), clarifying the rules governing “me, too” evidence in employment discrimination cases.   Read More ›

Age Discrimination Claim Dismissed Because Plaintiff Was Not "Replaced" After Discharge

A required element in almost all age discrimination cases is that a discharged plaintiff must present evidence that -- after his discharge -- he was replaced by a significantly younger person.   Read More ›

"Unconscious Bias" In Class Action Employment Discrimination Litigation

A portion of an article from the October 15, 2007 edition of Fortune Magazine discussing the role of "unconscious bias" in class action employment discrimination litigation can now be found online at CNN’s website.  Read More ›

Justices’ questions indicate that the Supreme Court will side with the employees in Holowecki v. FedEx


The Supreme Court recently heard arguments regarding whether or not an age discrimination suit against FedEx can proceed when the EEOC failed to inform FedEx of the charge made against them.  A transcript of the proceedings indicates that the Court was not pleased with the EEOC’s failure to do its job. 

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Judge Certifies Disability Discrimination Class Action Against Web Site


Federal District Judge Marilyn Patel in California has certified a class of plaintiffs for purposes of bringing a lawsuit against the national retailer Target Corp. 

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Proposed Employment Non-Discrimination Act Would Create Protections for Employees Based on Sexual Orientation


Rep. Barney Frank, D-Mass., has introduced two versions of H.R. 3685, the Employment Non-Discrimination Act (ENDA), in the United States House of Representatives Education and Labor Committee.

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New Survey Suggests Age Discrimination Affects More Young Than Old Employees


Employers are finding that their workforces are increasingly made up of workers from different age groups. 

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Attorney Spotlight

Deborah S. Adams is a member of Frost Brown Todd LLC and practices in the labor and employment law practice group. She represents management in the areas of employment discrimination and wrongful discharge.

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