By

Tim Coffield
Vance v. Ball State, 133 S.Ct. 2434 (2013) addresses the circumstances under which an employer (i.e. a company or government that employs workers) can be held responsible in a lawsuit if one of its employees harasses another. This is generally referred to as “vicarious liability” — when the employer company or government is liable for...
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The Age Discrimination in Employment Act of 1967 (ADEA) protects employees and job applicants age 40 and older from discrimination based on age in hiring, discharge, promotion, compensation, or other terms, conditions or privileges of employment. The Older Workers Benefit Protection Act (OWBPA), an amendment to the ADEA, specifically prohibits employers from denying benefits to...
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  Oncale v. Sundowner Offshore Services is an important case in the development of employee protections from sexual harassment, same-sex discrimination, sexual orientation discrimination, and sexual identity discrimination. Specifically, Title VII of the Civil Rights Act of 1964 — the primary federal law barring sex-based discrimination in employment — prohibits workplace discrimination and harassment that is...
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Congress enacted the Fair Labor Standards Act (FLSA) in 1938—in the midst of the Great Depression—to combat the pervasive “evils and dangers resulting from wages too low to buy the bare necessities of life and from long hours of work injurious to health.” S. Rep. No. 75–884, at 4 (1937); Salinas v. Commercial Interiors, Inc.,...
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The Equal Pay Act (EPA) prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort, and responsibility under similar working conditions. 29 U.S.C. § 206(d). Enacted in 1963, the EPA was an amendment to the Fair Labor Standards Act of 1938 (FLSA) and (under...
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In University of Texas Southwestern Medical Center v. Nassar, 570 U.S. 338 (2013), the Supreme Court clarified the appropriate standards for proving causation in claims brought under Title VII of the Civil Rights Act of 1964. In short, the Court held that to prevail on a retaliation claim under Title VII, an employee must prove...
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The Civil Rights Act of 1964 is a federal law enacted to prevent discrimination based on an individual’s race, color, sex, religion, or national origin. Title VII of the Civil Rights Act of the 1964 protects individuals against discrimination in employment. Under Title VII, an employer may not discriminate against employees or job applicants based...
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Encino Motorcars v. Navarro (SCt. Case No. 16-1362) (Encino II) held that service advisors at car dealerships are exempt from the provisions of the Fair Labor Standards Act (FLSA) requiring employers to pay overtime to employees who work more than forty hours in a week. Enacted in 1938, the FLSA is the United States labor...
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Enacted in 1990, the Americans with Disabilities Act is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life. This includes jobs, schools, transportation, and all public and private places that are open to the general public. Similar to laws that prohibit discrimination based on race, gender, or...
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Epic Systems Corp v. Lewis (SCt. Case No. 16-285) highlights the tension between a pair of federal laws, The National Labor Relations Act (NLRA) and the Federal Arbitration Act (FAA), concerning whether an employment contract can legally bar employees from engaging in collective action to enforce their rights in court. The Federal Arbitration Act (“FAA”)...
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