Discrimination - Civil Rights & Employment
Civil Rights involves many specific rights individuals may have.
Here are some U.S. Supreme Court cases involving employees' rights in employment discrimination.
- Griggs v. Duke Power Co. (1971)
In this case, the Court decided that certain education requirements and intelligence tests used as conditions of employment had no relation to job performance, tended to exclude African-American job applicants, and were prohibited in general.
- Cleveland Bd. of Ed. V. LaFleur (1974)
The Court held that the Ohio public school mandatory maternity leave rules for pregnant teachers violated constitutional guarantees of due process under the 14th Amendment.
- Meritor Savings Bank v. Vinson (1986)
The Court held that a claim of "hostile environment" sexual harassment is a form of sex discrimination that may be brought under Title VII of the Civil Rights Act of 1964.
- Johnson v. Transportation Agency (1987)
The Court held that a county transportation agency fairly took into account an employee's sex as one factor in determining whether she should be promoted.
- Oncale v. Sundowner Offshore Serv., Inc. (1987)
The Court held that sex discrimination consisting of same-sex sexual harassment (i.e. male-male, or female-female) can be the basis for a valid sexual harassment claim under Title VII of the Civil Rights Act of 1964.
- Burlington Industries, Inc. Ellerth (1998)
The Court held that an employee who refuses unwelcome and threatening sexual advances of a supervisor even though no real job consequences are determined to have taken place, may recover against the employer, even though there is no showing the employer is at fault for the supervisor's actions.
- Faragher v. City of Boca Raton (1998)
The Court held that an employer may be liable for sexual discrimination caused by a supervisor, however liability will be determined on the reasonableness of the employer's conduct, as well as the reasonableness of the plaintiff victim's conduct.
Another area of employment law which is new is based on a new law President Bush signed. On May 21, 2008 President Bush signed the Genetic Information Nondiscrimination Act ("GINA") into law. GINA bars genetic discrimination in both the health insurance and employment settings. GINA also limits access to and disclosure of genetic information.
Title II of GINA encompasses the employment context and becomes effective on November 21, 2009.
There are currently 34 state laws in place that relate to Genetic testing. Unlike other discrimination laws which were passed once a major abuse occurred, GINA is a proactive law passed prior to widespread abuse by genetic testing and screening.
GINA makes it unlawful for an employer, employment agency, labor organization, or joint labor-management committee controlling job training to fail or refuse to hire, discharge or otherwise to discriminate against any employee with respect to the terms, conditions, compensation or privileges of employment because of the employee's genetic information.
Peter represents individuals in the following areas:
Employee rights issues;
Sexual Harassment actions;
Title VII actions;
Gender discrimination, including equal pay and promotion ("glass ceiling") matters;
Racial discrimination, including police brutality, profiling or discrimination;
Sexual orientation discrimination;
Age discrimination;
Discrimination against individuals with disabilities;
First amendment rights of free speech and protest;
Equal Employment Opportunity Commission("EEOC") complaints;
Illinois Department of Human Rights ("IDHR") complaints.
Attorney Peter LaSorsa is committed to promoting positive social change both in the workplace and in society at large. Don't suffer alone. If you believe you have been discriminated against or experienced a violation of your civil rights,
CONTACT attorney Peter LaSorsa online or call 24/7 309-712-1145 or 312-505-5038 to set up a FREE consultation to discuss the various issues concerning you. Also visit my Blog for more updated information.