Recent Rulings: Discrimination. Gibbons v C&M Plant Hire Pty Ltd [2020] FCCA 849 (17 April 2020) Misconduct by employers gives rise to many employment claims resulting from unlawful discrimination and retaliation in the workplace. Although Employment Tribunals in the UK have power to aggravated damages in particularly egregious cases of discrimination, the power is rarely used and awards are comparatively low compared to the scale of punitive damages capable of being awarded in the US. According to the Bureau of Labor Statistics, by 2024, the median age of the labor force will be 42.4, up from 37.7 in 1994. In today’s post, we turn to all things case law and give our picks for the top 5 employment law cases of 2018. Seen any more interesting cases? 2018 was a whirlwind of statutory changes in the employment law world, which has perhaps overshadowed the judicial developments that have taken place in courts. The first is Swindol v.Aurora Flight Sciences Corp., a case decided by the Fifth Circuit Court of Appeals on August 8, 2016. The Supreme Court employment cases encourage a discrimination-free work place. Cole v. North American Breweries, Inc., Case No. Employment Discrimination. Subscribe to Employment Discrimination. The case involved a shop assistant at a Primark store, Miss de Souza. 4. On Tuesday, the Supreme Court will hear arguments in two significant cases about Title VII and discrimination based on sexual orientation or gender identity. TJ Simers v The Los Angeles Times. TJ Simers is an award winning sports journalist who worked for the LA times (owned at the time by Tribune Publishing). The law required separate, but … Posted in Unlawful discrimination Fair Work Ombudsman v WKO Pty Ltd [2012] FCA 1129 In the recent decision of Fair Work Ombudsman v WKO Pty Ltd [2012] FCA 1129, the Federal Court imposed penalties on a child care operator and a director arising out of adverse action taken against an employee upon the disclosure of her pregnancy. 1:13-CV-236 (S.D. Are you an employee who has been denied promotions, harassed on the job, or otherwise discriminated against on the basis of your nationality, race, sex, or some other protected trait? As many racial discrimination cases have resulted in massive legal verdicts, here are a few of the most prominent racial discrimination cases in the United States: Plessy v. Ferguson. Montgomery County’s Ban the Box Law Is Becoming More Restrictive. Let us know in the comments. Home / Employers Prevail in Two Recent Age Discrimination Cases In California They say “40 is the new 30,” and in the U.S. labor market that appears to be the trend. In other recent news, Lockheed Martin is setting other records too. Amberber v. IBM Canada Ltd., 2018 ONCA 571 He brought a claim of age discrimination in 2013 after his column was reduced from thrice a week to twice a year, before ultimately being eliminated. In recent years, the EEOC has reported a marked increase in such claims; in fact, the EEOC reported in early 2017 that, of the 97,443 cases it resolved in 2016, retaliation was by far the most common basis, at 42,018 instances, or 45.9 percent of the total. ... Oh, the drama! The facts of the case were that Mr Efobi worked for the Royal Mail as a postman. Three of the 10 most groundbreaking and relevant employment cases for HR professionals so far this year raise issues relevant to LGBT individuals. And he continues to advocate on behalf of the proposed Protecting Older Workers Against Discrimination Act (POWADA), federal legislation that would lower the burden for winning age discrimination cases — essentially overturning the 5-4 Supreme Court decision that bears his name. Sandra Robertson claimed she was subjected to harassment and ridicule because of her sex, and made less than a man who did the same job. Employment law and HR support for schools and colleges; ... Police officer refused transfer wins discrimination claim based on perceived disability. This case is interesting for two reasons. The plaintiff in a recent federal appellate case was a woman who filed suit against the defendant highway patrol department and her former supervisor, asserting claims for civil rights violations and employment discrimination during events that occurred in 2005 and/or 2006. Two recent federal appellate decisions suggest that even the hallowed employment at-will doctrine is not without its limitations. Workers are increasingly deciding to stand up against discriminatory behaviour by challenging their employers, businesses and entire organisations in court or at employment tribunals. Now it is the proud owner of one of the largest verdicts ever awarded to a single plaintiff in the history of age discrimination litigation. Robert Braden, the plaintiff, first started working in 1984 for RCA. Recent Cases Refusing overseas posting because of medical concerns not disability discrimination. A review of a number of recent employment tribunal decisions suggests that some employers remain unaware of the implications of, or are struggling with, the Employment Equality (Age) Regulations 2006 (SI 2006/1031), which became law on 1 October 2006. In the cases, courts have indicated that conduct in violation of an employer’s social media policy can constitute a legitimate, nondiscriminatory reason for terminating an employee. 3 Reasons Employment Discrimination Cases Are Rising. If you have any questions about these two important case decisions, or discrimination claims in general, please contact a member of Archer’s Labor Employment Department at (856)-795-2121. Federal civil rights law protects gay, lesbian and transgender workers, the Supreme Court ruled Monday. Protect your rights and find out if you have an employment discrimination claim. (See, e.g., Redford v. In 1896, the nature of Louisiana’s Jim Crow law was questioned. Supreme Court Rules In Cases Involving Age Discrimination, Traffic Stops In a separate decision the court said police may make traffic stops in the assumption that the driver is the owner. In the employment discrimination cases, 5th-grade teacher Kristen Biel was let go from St. James Catholic School after developing breast cancer and … First, discrimination on the basis of sexual orientation necessarily involves treating an employee differently because of his or her sex. Posted on May 9, 2017 June 12, 2017. We take a look at the Tribunal’s findings and the lessons employers can learn from Primark’s mistakes. A couple of recent cases warn employers that drama that happens in the workplace may give rise to liability for workplace harassment. Both cases reflect the EEOC’s position as law enforcement agency in protecting civil rights, which is allegations of sexual orientation discrimination necessarily involve sex-based considerations. The first case consolidates two cases into Bostock v. Clayton County, Georgia. The recent case of de Souza v Primark (2018) involved one of the highest reported awards for gender reassignment discrimination. Find decisions on Employment Tribunal cases in England, Wales and Scotland from February 2017 onwards. You can read more about some recent EEOC cases involving teen workers by following any of the links below. In this context, let’s look at some recent cases involving claims of workplace discrimination and highlights the lessons to be learned from their findings. One frequently litigated type of employment law claim is the employment discrimination claim. Ohio January 20, 2015), a federal judge held that a female employee paid “shockingly less” than her male counterparts for similar work could proceed to trial after her former employer moved to dismiss the case. The trial court recently sustained our objection to an employer's motion for summary judgment in a workers' compensation retaliation case. Recent and Current Employment Discrimination Cases in the Court of Justice of the European Union Michael Rubenstein1 Introduction This article reviews important recent discrimination decisions issued by the Court of Justice of the European Union (CJEU) within the area of employment. Age Discrimination at Lockheed Martin? In this article, we look at three recent cases which (although they are at Employment Tribunal level only and are therefore not binding law) provide useful examples of some of the issues that employers should be aware of in relation to discrimination arising from disability and … Case 1: Religion not an operative reason for sacking labourer . Employers should only do so if there exists strong (perhaps overwhelming) evidence that discrimination was the cause of the initial decision. As 2013 draws to a fast-approaching close, it’s time to pause and reflect on the cases that made the headlines and shaped the employment discrimination law landscape. 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