Author: Brynn Stylinski, Contributing Member, University of Cincinnati Law Review Discrimination and equal pay have been brought back into the public eye through recent celebrity revelations of huge disparities between the salaries of actors and actresses and the boycott of the Oscars by several stars. These issues have long been a part of our society,... Continue Reading →
When is it legal for an employer to discriminate in their hiring practices based on a Bona Fide Occupation Qualification?
Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review Although it is illegal for an employer to discriminate against an employee based on the individual’s sex, Title VII of the Civil Rights Act of 1964 allows employers an exception when employment discrimination is based on a "bona fide occupational qualification” (BFOQ). Courts have upheld... Continue Reading →
Look Policies: Can employers discriminate based on their physical attractiveness?
Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review Companies with mandatory grooming or appearance standards for their employees have been under fire from society, celebrities, and the law for many years. One of the companies most known for discriminating against unattractive or overweight applicants is Abercrombie & Fitch. Consumers have been outraged that... Continue Reading →
Green v. Brennan: Choosing the Appropriate Standard for Limitation Periods
Author: Chris Gant, Contributing Member, University of Cincinnati Law Review You have probably heard the old saying that “timing is everything.” This statement is true in many aspects of life. For example, a well-timed joke can be the difference between laughter and awkward silence. In law, the time at which a cause of action begins... Continue Reading →
Constructive Discharge: Drawing the Line
Author: Matt Huffman, Associate Member, University of Cincinnati Law Review In Green v. Donahoe,[1] the Tenth Circuit considered when the limitations period starts for a constructive discharge claim under Title VII of the 1964 Civil Rights Act. The court held that the forty-five day clock starts ticking on the date of the employer’s alleged discriminatory... Continue Reading →
Religious Discrimination? No Actual Knowledge, No Problem
Author: Brynn Stylinski, Associate Member, University of Cincinnati Law Review Title VII has prohibited religious discrimination and required accommodation of religious needs in the workplace since 1964. Last year, in EEOC v. Abercrombie and Fitch Stores, Inc., the Tenth Circuit ruled that an employer that denied a Muslim woman employment on the basis of her... Continue Reading →