Employment Discrimination – Page 320

April 12, 2011 by mjpospis

Female Server States Claim For Pregnancy Discrimination, Bias Against In Vitro Fertilization

In Govori v. Goat Fifty LLC, 10 Civ. 8982 (S.D.N.Y. March 30, 2011), the Southern District of New York held that plaintiff adequately stated a claim for pregnancy discrimination. Plaintiff contended that she was fired after announcing her plans to undergo in vitro fertilization (“IVF”), and sought relief under Title VII of the Civil Rights…

U.S. Supreme Court Clarifies “Cat’s Paw” Liability Theory

In Staub v. Proctor Hospital, 131 S.Ct. 1186 (2011), (slip opinion here), the Supreme Court clarified the circumstances – under the Uniform Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4311 – under which an employer may be held liable for employment discrimination based on the discriminatory animus of an employee who influenced, but did not…

Supreme Court Permits Fired Fiance to Maintain Title VII Retaliation Suit

On January 24, 2011, the U.S. Supreme Court (in an opinion authored by Justice Scalia) unanimously held that an employee (Eric Thompson), who was fired after his fiancee Miriam Regalado filed an EEOC charge alleging sex discrimination, could assert a claim for retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C.…