Employers Need to Articulate Clear and Reasonably Specific Grounds for Employment-Related Decisions

By: Scott A. Mirsky, Principal

SUMMARY:
In a recent case decided by the US Court of Appeals for the District of Columbia, when the employer’s admissible evidence was limited to a vague reason explaining why it did not promote an employee, the appeals court ruled that the employer failed to meet its burden of proffering a legitimate and nondiscriminatory explanation for its decision. In Figueroa v. Pompeo, the court explained that it is the employer’s burden to produce evidence of a clear and reasonably specific explanation for its employment-related decisions so that the employee has a full and fair opportunity to present evidence to rebut the employer’s explanation.

Supreme Court Rules Employers Can Unwittingly Waive Requirement to Bring EEOC Charge Before Suit

By: Hayes Edwards, Associate


SUMMARY: Although employees remain obligated to bring their Title VII discrimination allegations to EEOC, or an equivalent office in the State government, before suing their employer, the failure to do so can only be asserted as a defense to the lawsuit if the employer raises it in the initial answer.