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Unlawful discrimination

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  • Retaliation, check out our practice area related to unlawful discrimination
    Federal, state and local anti-discrimination laws prohibit an employer from retaliating against an employee because that employee opposed conduct he or she reasonably believed constituted unlawful discrimination. The same laws that prohibit discrimination based on race, color, sex, religion, national origin, age, and disability also prohibit retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding.

  • A Pro-Employee Trend
    In a decision that could have significant impact on future employment litigation, the court ruled in Desert Palace v. Costa, 123 S. Ct. 2148 (2003), that direct evidence of discrimination is not required for a plaintiff to obtain a mixed-motive jury instruction under Title VII of the Civil Rights Act of 1964, which makes it unlawful for an employer to discriminate against any individual "because of such individual's race, color, religion, sex, or national origin."

  • Whistleblowing, Sarbanes-Oxley, and Retaliation Claims, ALI-ABA Course of Study
    The EEOC has provided four generic examples of opposition activity, all of which must be read, pursuant to the statute, as involving unlawful discrimination: (1) "threatening to file a charge or other formal complaint alleging discrimination;" (2) "complaining to anyone about alleged discrimination against oneself or others;" (3) "refusing to obey an order because of a reasonable belief that it is discriminatory;" and (4) "requesting reasonable accommodation or religious accommodation."

  • Harassment in the Workplace, ALI-ABA Course of Study
    The Supreme Court also recognized the possibility that discrimination or harassment may occur "where a supervisor engages in unlawful discrimination with the purpose, mistaken or otherwise, to serve the employer." Ellerth, 524 U.S. at 757.

  • Discrimination Complaint Against Exxonmobil Corporation
    This is a civil action against defendant Exxon-Mobil Corporation for declaratory and monetary relief, for injuries sustained by plaintiffs Sofiene Romdhani, Michelle Maloney, and Bobbi Joe Zeller as a result of defendant's religious, race, and national origin discrimination and retaliation against them, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and as a result of defendant's race discrimination and retaliation, in violation of the Civil Rights Act of 1866, 42 U.S.C. § 1981.

  • Less Gain, More Pain 
    When economic times are tough, women face workplace discrimination at a higher rate than in good economic times.


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