Labor & Employment Law

"Associational" Discrimination Claims a Growing Concern for Employers

"Associational" Discrimination Claims a Growing Concern for Employers
Source: Jackson Lewis LLP. Reproduced with permission. Copyright © 2008, Jackson Lewis. Originally published by Jackson Lewis, LLP, at www.jacksonlewis.com. All rights reserved.

Title VII of the federal Civil Rights Act of 1964 prohibits employers from discriminating against employees based on race, color, religion, sex or national origin. Title VII also prohibits discrimination against employees who have opposed any practice that is an unlawful employment practice under Title VII, or who have made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing involving an alleged violation of Title VII. Employers typically know that they may not take adverse action based on their employees? protected characteristics, and that it is impermissible to retaliate against employees based on their own protected activity. Two recent cases, however, demonstrate that Title VII also may provide an employee with the right to allege discrimination or retaliation based, not only on his or her own protected characteristics or activity, but on the employee?s ?association? with another individual who comes within a protected classification or who has engaged in protected activity.

For the complete article on the Jackson Lewis, LLP web site, go to:

http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1347

Full post as published by New York Public Personnel Law on May 21, 2008 (boomark / email).