Discrimination Archives - Page 3 of 3 - Parks Chesin & Walbert
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Discrimination Based on Genetic Information? There’s an Act for That

Seven years ago, Congress passed a law which prohibited employers from discriminating against people with genes that increase their risk for costly diseases. The Genetic Information Nondiscrimination Act (“GINA” or the “Act”) makes it illegal “for an employer to request, require, or purchase genetic information with respect to an employee.” 42 U.S.C. §2000ff et seq.

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UPDATE: SCOTUS Rules Abercrombie & Fitch “Look Policy” Violates Title VII

UPDATE: On June 1, 2015, the Supreme Court ruled in favor of Petitioner, Samatha Elauf, a seventeen year-old Muslim woman who applied for a job at an Abercrombie Kids store. In an 8-1 decision, the Supreme Court ruled that employers can’t refuse to hire job applicants who require accommodations for their religious beliefs, even if the potential employee has not explicitly requested an accommodation and regardless of whether the employer knows for certain that religious accommodation is needed.

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The Holiday Nobody is Celebrating

You may not know that today – April 8, 2014 – is actually a holiday.  But it’s one that doesn’t exactly call for a celebration.

Equal Pay Day is a date chosen each year that symbolizes how far into the new year a woman must work to earn what her male counterparts earned during the prior year.  It falls each year on a Tuesday, to symbolize how far into the new work week women must work to earn what mean earned the previous week.

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ADA Covers Accommodations Not Tied to Essential Job Duties

The Americans with Disabilities Act (“ADA”) prohibits covered employers from discriminating against employees on the basis of disability.  That prohibition requires an employer to provide “reasonable accommodation” to disabled employees, unless doing so would cause undue hardship.  The burden is on the employee to request accommodation and make it known to the employer that the request is for a reason related to the employee’s disability or medical condition.  But the employee need not reference the ADA, use any particular magic language (including the phrase “reasonable accommodation”), or request a specific form of accommodation.  And the burden is on the employer to demonstrate that providing the accommodation would impose undue hardship.

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