The Supreme Court, however, advised that “Title VII’s antiretaliation provision prohibits any employer action that well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.” For example, the person who has filed a discrimination complaint. Supreme Court ruled that an employee may sue his employer for retaliation under Title VII claiming that he had been fired because his fiancée had filed a sex discrimination charge against their employer.īefore this decision, many courts had concluded that Title VII’s retaliation protections only applied to the persons who personally engaged in protected activity. ![]() You can learn more about that decision in an earlier post. The Second Circuit made this pronouncement through a Februdecision in which the court ruled that Title VII prohibits sexual orientation discrimination through its general inclusion of sex as a protected characteristic. Court of Appeals for the Second Circuit (which covers Connecticut, New York, and Vermont) ruled, “we now hold that the prohibition on association discrimination applies with equal force to all the classes protected by Title VII. Other Bases for Association Discrimination ClaimsĪ few appellate courts have ruled that Title VII prohibits association discrimination regarding each of the law’s protected characteristics. The EEOC has consistently taken this position, which it has described in assorted guidance documents. Court of Appeals for the First Circuit summarized: “In the simplest terms, these cases stand for the proposition that unlawful sex discrimination occurs when an employer takes an adverse job action on the assumption that a woman, because she is a woman, will neglect her job responsibilities in favor of her presumed childcare responsibilities.” Most of these cases have involved women claiming they were denied employment opportunities for having or wanting to have children. But the EEOC and some courts have applied the law to provide employees rights to raise children. Title VII doesn’t identify “caregivers” as a protected characteristic.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |