Unintentional Discrimination? What Every Employer Needs to Know About Disparate Impact Claims

We all know (or should know) that Title VII of the Civil Rights Act and other discrimination laws prohibit intentional discrimination “because of” protected characteristics like race, age, gender, or disability. We can easily imagine instances of intentional discrimination—a sexist manager refusing to hire female applicants, a racist boss refusing to promote qualified African Americans, and the list goes on.

Justices Give Courts Authority to Review EEOC Conciliation Efforts

On April 29, 2015, the Supreme Court of the United States decided whether—and the extent to which—courts may review efforts made by the U.S. Equal Employment Opportunity Commission (EEOC) to resolve discrimination claims with an employer before filing suit. The Court decided that courts may review whether the EEOC has fulfilled its mandatory statutory duty to attempt to conciliate discrimination claims before litigation.

New Year’s Resolution for Missouri Employers: Arbitration Agreements In Light of Jimenez v. Cintas Corporation

Still looking for a New Year’s resolution? The Missouri Court of Appeals rang in 2015 by refusing to enforce an arbitration agreement between an employer and an employee. The decision continues the robust trend in Missouri of restricting the enforceability of arbitration clauses. If your company has an arbitration agreement…..

Recent Hospitality Employment Lawsuits

No industry provides more interesting fact patterns in employment discrimination lawsuits than the hospitality industry. And unfortunately, those interesting fact patterns tend to surface with some regularity. The following are summaries of recent employment lawsuits against hospitality employers. Such cases can be instructive to hospitality employers as they strive to minimize the risk of being subjected to similar claims.

Supervisors Can Be Held Liable Under the MHRA

The Missouri Supreme Court has officially held that individual supervisors fall under the definition of “employer” in the Missouri Human Rights Act (MHRA) and can therefore be sued in their individual capacities for employment discrimination. According to the court, “The statute is clear that the MHRA is intended to reach not just the corporate or public employer but any person acting directly in the interest of the employer. A supervisory employee clearly falls into that category.”