Employment Discrimination Litigation Funding

Waiting On An Employment Discrimination Lawsuit? We’ve Got Answers.

TriMark Legal Funding provides cash advances on discrimination lawsuits before your case settles.

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TriMark is one of America’s foremost employment discrimination litigation funding companies. We provide low-cost pre-settlement lawsuit cash advances on EEOC and workplace discrimination nationwide.

Employment Discrimination Lawsuit Funding

When you’re injured and waiting for your attorney to negotiate your lawsuit settlement, it’s easy to fall behind on your bills.

Get Immediate Inheritance Funding Now.

But your injuries weren’t your fault, so why should you have to suffer from stress or anxiety or go without the things you need?

TriMark Legal Funding is here to give you a helping hand, right when you need it the most.

Legal Funding Options

Plaintiff legal funding services are available for hundreds of different types of lawsuits including car accident lawsuit funding, employment litigation, slip and fall accident funding, legal funding for workers compensation, and settlement funding for medical malpractice, just to name a few.

Most attorneys agree that legal funding loans*, when used responsibly, can be a game-changer that can help plaintiffs maintain financial control while they wait for their settlement.

Pre-Qualify For Legal Funding Now

Get the money you need now to keep your head above water and then relax while your attorney finishes negotiating the maximum compensation you deserve.

✔️ Were you injured but it was someone else’s fault?

✔️ Are you represented by a contingent fee attorney?

✔️ Do you need money before your case settles?

If you answered yes to all three questions, there’s a good chance you’re already qualified for a lawsuit cash advance from TriMark Legal Funding.

And after you’re approved, you could receive cash in as quickly as 4 hours!

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Curious About Your Legal Funding Options?

Call (877) 932-2628 and speak with one of our funding experts today.

Legal Funding FAQ

❓ Q: What Is Legal Funding?

A: Legal funding is a risk-free cash advance that provides immediate financial relief to injured plaintiffs. They’re easy to qualify for, there are no credit checks, and they are only repaid after the case is resolved successfully.

❓ Q: How Much Does Legal Funding Cost?

A: If you’re thinking about getting a lawsuit cash advance on your case, it makes sense to be concerned about the cost.

The short answer is “it depends”. Read more

Did you file a charge of discrimination against a current or former employer with the EEOC (Equal Employment Opportunity Commission)? If so, the amount of time it is taking to resolve might be cramping your style in a big way.

Generally, the EEOC requires 180 days to investigate your complaint. If they decide in your favor, they will issue a Notice of Right to Sue. Once they do, you must file your employment discrimination lawsuit within 90 days.

If you still work for the same company, it has undoubtedly disrupted your work environment. If you quit or were terminated, it also probably disrupted your financial situation as well. The mandatory, nationwide COVID-19 quarantine might have even made things worse.

Discrimination itself may already have brought you untold pain and suffering, especially in intangible ways like emotional and psychological. Some may have experienced physical harm. But economic damages tend to exacerbate all the others.

Fortunately, you can turn to an option called lawsuit settlement funding if you are searching for financial assistance while your attorney negotiates your lawsuit settlement.

Those with an EEOC case, active or on standby for settlement, may be eligible for EEOC lawsuit funding.

Go ahead and check if it’s compatible with your case and situation.

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Call and speak with one of our funding experts today.

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Types of Discrimination Lawsuits Eligible For Legal Funding

Here are the different types of discrimination that TriMark currently offers litigation funding on. EEOC considers retaliation and sexual harassment as forms of discrimination, which is why they are listed here also.

Employment Litigation

What Is Employment Discrimination Pre-settlement Funding?

Offering funding options to plaintiffs is one of the trends that emerged in the law landscape in the late 90s. It remains today at your service in case you are strapped for cash but don’t want to create additional debt. 

It’s important to understand what it is to know if it’s the right solution for you before you sign an application form.

  • Fast and reliable: This has got to be one of the quickest ways to access liquid funds in times of urgent or emergency needs.
  • Affordable: It features low rates, which are often difficult, or impossible, to expect from the bank or payday loans.
  • Non-recourse cash advance: A litigation financing firm will base their approval of your application on your claim’s merits. When you pass, they will advance you a portion of your settlement money’s net value. So it only makes sense if you’re asked to pay the advance once you receive your settlement check.
  • Risk-free: In connection with the above, you won’t have to even get anxious about where to source your monthly payments. You’ve already suffered enough, and you need a kind of breather.

What if your case does not settle or lose in a final trial? You can keep your advanced money. There’s no need to pay it back.

What Is Discrimination in the Workplace?

Different types of harassment, retaliation, and bias in hiring, job assignment, promotion, termination, and compensation constitute what we consider work-related discriminatory practices. 

They are illegal. Federal and state laws exist to protect job applicants and employees from these acts.

When these rights are violated, a person or group can file a claim with the Equal Employment Opportunity Commission (EEOC). The agency, created based on the Civil Rights Act, is in charge of investigating allegations, settling confirmed cases, and filing a lawsuit for unsuccessful ones.

Unfortunately, race claims are still the most common among those filed with the EEOC. Yet, they also have the lowest success rate.

That says a lot when those who get their desired result, such as money or change in work conditions, make up only 18% of the total yearly cases of 100,000.

Some have confidence in the EEOC and chosen to pull out their case and go to trial on their own.

It’s not a problem of fairness, however, but a lack of budget and manpower that makes the EEOC less effective in its job. Still, if the fundamental issues are addressed, it can assign more resources to every case. More allegations can be confirmed. 

Equal Employment Opportunity Commission

The EEOC enforces anti-discrimination laws, including Retaliation, the Equal Pay Act, Age Discrimination in Employment Act, and American with Disabilities Act. 

Filing a charge with the agency can be done online or in person. If your case involves the Equal Pay Act, you can go directly to court without seeking aid from the EEOC.

The rest must take note of the filing deadline based on where the discrimination happened. In general, you have 180 days from the last time of incident before forfeiting your right to take legal action.

Some nuances exist, such as follows:

  • The time limit is extended to 300 days if there is a state law prohibiting discrimination on the same basis and a state or local agency enforcing it.
  • Age discrimination can only be extended to 300 days if there’s a state law prohibiting this workplace discrimination basis, as enforced by a state agency or authority.

Filing as soon as possible is recommended, of course. Weekends and holidays are counted toward the 180 or 360 days. But you have until the next business day if the deadline falls on a weekend or holiday.

How to File an Employment Discrimination Charge with the EEOC

You have several options to take when filing for a discrimination charge with the EEOC:

  • Online: Fill out the form here.
  • In person: Go to the closest or any EEOC field office. A staff member can listen to and assess your complaint, helping you file a claim based on the information you provide.
  • State or local FEPA: Find a nearby Fair Employment Practices Agency, which is a state or local agency enforcing employment discrimination laws. Both the FEPAs and the EEOC practice protection of charging party rights at federal and state levels through dual filing, which is governed by worksharing agreements.
  • By mail: You may send a letter containing all the information stated here to the EEOC.

The federal agency does not take charges through calls. But you may contact them at 1-800-669-4000 to discuss your situation and get advice on how to proceed with your case.

More employment discrimination-related information you may be interested in:

Employment Discrimination Litigation and Settlements

Here are a number of active settlements and lawsuits filed with EEOC. See if you may have been affected by the discriminatory acts involved in these claims:

Get Employment Discrimination Litigation Funding Now

TriMark has been helping plaintiffs with legal funding for nearly two decades. Our process is fast, easy, and 100% hassle-free.

Here’s how to apply:

  1. Complete an application online, call us at (877) 932-2628, or complete the contact form below and we’ll call you back.
  2. We’ll confirm some case details with your attorney.
  3. We send your funding agreement electronically via DocuSign.
  4. Funds are sent by wire transfer, FedEx Overnight, or MoneyGram.

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Latest Developments in Employment Discrimination Law…

Make Timely Complaints About Ageism
Imagine this: work colleagues regularly taunt you about your age. They call you names, laugh at how you walk and ignore your input. On the one hand, you don’t want to complain because you don’t want to play the victim or make things worse. On the other hand, you wake up every morning feeling anxious about going to work. You’ve noticed how exhausted you feel at the end of the day. And you know how deeply this harassment impacts you mentally, emotionally and physically. Does this behavior sound ridiculous in today’s workplace? Yes, it does. But sadly, it is real. Last month, a lawsuit against toymaker Mattel revealed some of the most noxious, blatant behavior, including a barrage of ageist taunts, mocking and harassment. The question is, what do you do about it? “When someone experiences harassment or discrimination on the basis of their age, speaking up is difficult in… Read more
How to avoid ageism when recruiting new talent
In a twist of irony, older workers with decades of experience and expertise are still finding themselves overlooked and undervalued by recruiters and hiring managers. According to a study conducted by the University of California, Irvine, workers over 40 are only about half as likely to get a job offer than younger employees — but their age is not the only detrimental factor. Unconscious biases about their experience and the expectations that come with it may disqualify them from the get-go, says Jill Chapman, senior performance consultant at Insperity, an HR administrative services company. “As a recruiter for most of my career, I hear things like, ‘I need a college grad to do this, or I want somebody with just a couple of years of experience,’” says Chapman. “You're forgetting about a whole pool of people who would be very good at what you're looking for.” Older employees face many… Read more
A Small Business Owner’s Guide to Federal Employment Laws
You want to treat your employees fairly and provide a healthy work environment for all. But in the real world, things sometimes get messy. You have an employee who needs time off, but he's the only person who can do his job. Someone is upset about being passed over for a promotion. Another employee is allergic to a coworker's perfume. And someone is “dishing the company tea" on social media. Now what? In human resources (HR) training, every ethical challenge has a tidy answer. In practice, it's often quite difficult to find solutions that everyone agrees are fair and right. Federal employment laws are nice, tidy guide rails for your business. While they don't resolve every HR dilemma, they give you a framework for handling many of the complexities involved in employing people. This article covers nine types of federal labor laws you need to know and when they apply… Read more
A Guide on How to Avoid Wrongful Termination Claims
At-will employment doesn't necessarily mean you can fire employees at will. Know how to protect your business from wrongful termination complaints. Most employment relationships are at-will, meaning you can fire employees at any time for any legal reason or no reason at all. Often, employers hear "at-will" and "any reason" and skip over the "legal" part. In fact, there are many illegal reasons for firing an employee, and it's important to understand them before you let someone go. How easy is it for a snap decision to turn into a wrongful discharge complaint? Consider the well-known case of EEOC v. Walgreens, in which a diabetic employee with an 18-year record of excellent service ate a $1.39 bag of chips because she was hypoglycemic. She tried to pay for the chips when her sugar rebounded, but her supervisor, perhaps under the influence of a particularly strident presentation on shrink prevention, fired… Read more
How to Become ADA Compliant in 4 Steps
More than 40 million people in the U.S. live with some form of disability. Creating a fair recruitment process and implementing an accessible work environment for all employees should be of the utmost importance. It’s also a legal requirement. The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in all areas of public life. The ADA went into effect in 1990. It’s a federal law, so it applies to every state without variation. HR managers need to be well versed in ADA compliance if they want to avoid lawsuits. Overview: What is ADA compliance? The ADA guarantees equal opportunity for individuals with disabilities in a number of different settings. The Equal Employment Opportunity Commission (EEOC) enforces sections of the ADA that prohibit employment discrimination. Any organization operating in certain settings must make the required accommodations to be sure they’re complying with ADA guidelines. These settings include: Public… Read more
A SMB Guide to Equal Employment Opportunity (EEO) in 2022
EEO compliance is more than the law: it's good business. This article breaks down equal employment opportunity laws and how to make them work for your small business. The best reason to cultivate a diverse, inclusive workforce is that it helps your business succeed, as demonstrated by two recent studies by McKinsey & Company. An inclusive work environment broadens your talent pool, enhances the employee experience, improves customer service, and drives innovation. If you're like many business owners, you might think equal employment opportunity (EEO) is a given. Why wouldn't you bring the best and the brightest on board? Yet it takes more than a commitment to the idea of equal opportunity to promote an inclusive workplace. It takes careful planning, a solid framework, and active engagement. This article will help you translate good intentions into concrete actions to create an inclusive workplace. Overview: The history and evolution of equal… Read more
Yes, CBD Registers On a Drug Screen as THC and, Yes, You Can Be Terminated for It
There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen as THC, and can employees be terminated for using it? Second, is an employer test for prescription drugs an illegal medical inquiry in violation of disability laws? Factual Background In Lehenky, the plaintiff employee was terminated after testing positive for CBD, specifically for the “presence of marijuana metabolites (tetrahydrocannabinol, otherwise known as “THC’).” The plaintiff sued her former employer for disability discrimination under the Americans with Disabilities Act (“ADA”) and comparable state law, claiming that she was disabled and taking the substance to combat the effects of her disability, Panniculitis, which is an inflammatory autoimmune connective tissue disease. As a firm with a robust cannabis practice group, this is a… Read more
Time For A Black Worker Bill of Rights
In October 2021, representatives of national and state-based Black worker-focused organizations united and formed the Black Worker Policy Coalition. Members of the coalition committed to working together to address critical issues facing Black people in the job market and workplace. The coalition has been working to produce a Black worker-led national policy agenda that would improve job quality and advance racial and economic justice for Black workers: the Black Worker Bill of Rights. “We joined this coalition of diverse Black voices to ensure the voices of Black mamas are included in policy work that serves Black families. We believe this coalition will create a new standard for Black workers, a blueprint for employers who want to improve working environments and retain staff, and an opportunity for America to offer restorative justice for the institutionalized workplace racism that has always been present for Black workers in this country,” said Nkenge Browner,… Read more
Subtle racial slights at work cause job dissatisfaction, burnout for Black employees
Black employees face a host of subtle verbal, behavioral and environmental slights related to their physical appearance, work ethic, integrity and more, causing job dissatisfaction and burnout, according to a new study from Rice University. Although research on microaggressions (defined as commonplace verbal, behavioral or environmental slights) has gained popularity in recent years, King said work that specifically focuses on anti-Black microaggressions—especially in the workplace—is still limited. "This lack of knowledge is a real problem," King said. "Discrimination encountered in the workplace is more complicated and difficult to manage than in other scenarios. Outside of work, an individual can remove themself from a setting or say something, but at work, the same individual may be afraid to speak up because of fear of retaliation, loss of a job, etc." King and Fattoracci documented three common types of workplace microaggressions toward Black employees. The first was expression of anti-Black stereotypes, including… Read more
How ageism is embezzling billions from the US economy
It was the proverbial adolescent eye-roll heard around the world: “Okay, Boomer.” While this young woman’s comment created one of the most memorable, publicized and memed examples of raw ageism to date, the event sadly made no positive movement in the fight against ageism. In fact, there were more pointless memes and social media name-calling that sprouted from her utterance than fruitful conversations around solving the complexities of intergenerational politics. Just like most ageist incidents, “Okay, Boomer” was brushed under the rug, largely ignored despite its blatant prejudicial tone and stereotyping intentions. Why is ageism ignored? As our aging population grows, ageism is becoming increasingly rampant. For example, according to the most recent survey by AARP, nearly 80% of older employees now report age discrimination… Read more
Sexual Harassment Law Finds Its Way Into Oklahoma Indian Country
Since the passage of the Civil Rights Act of 1964 (Title VII), signed into law by President Lyndon Johnson, Title VII has become a fixture in private workplaces across the nation. Amended over the years, Title VII became synonymous with workplace protection against sexual harassment in the wake of Professor Anita Hill's allegations against then Supreme Court nominee Clarence Thomas in 1994. For the last quarter of a century and counting Title VII continues to be the primary mechanism by which sexual harassment and gender discrimination is identified and dealt with administratively through the Equal Employment Opportunity Commission and its state law counterpart agencies, and through private civil litigation brought in federal courts in all fifty states. While Title VII remains ubiquitous in discussions about sexual harassment in the private workplace, historically speaking the same cannot be said for employers in Indian Country. That is primarily because tribes were not… Read more
Young Workers Face Reverse Ageism In The Workplace
Ageism in the workplace has been known to affect older workers. While the Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are 40 and older, this is largely symbolic and only effective to instances of overt age discrimination. 58% of workers in their fifties report facing age discrimination of some sort, and of those who experience age discrimination, 95% report that it is a common occurrence at work. However, ageism being a problem in the workplace is not exclusive to older professionals. Young professionals also experience forms of ageism in the workplace. Some media coverage of this problem has been referring to it as “reverse ageism.” What is “reverse ageism?” We typically think of older professionals when the term “ageism” is used. As of late, the term “reverse ageism” has been used to describe a similar set of concerns facing younger workers. … Read more
Working From Home And Worker Bargaining Power
A good deal of the narrative and debate over working from home focuses on workers—what do they get, why do they want it, how they are choosing it. But to work from home, someone has to pay you. Does telework signal a change in the power relationship between employers and employees? Economist Teresa Ghilarducci told us in a recent Forbes blog that there are 10 indicators of workers’ bargaining power, and only 4 of them are up—quit rates, reservation wages, the unemployment rate, and the number of jobs per unemployed worker. But productivity and profits are rising faster than wages, the labor share of the nation’s wealth has fallen, and real income for workers also is down—all trends that favor employers over workers. We shouldn’t … Read more
Making your workplace inclusive for trans employees doesn’t have to be complicated
Nearly half (49%) of transgender employees in the US have reported discrimination—“being fired or not hired”—based on their gender identity, compared to 28% of cisgender LGB employees, according to a 2021 UCLA study. And despite a 2020 Supreme Court decision asserting that gay, lesbian, and transgender employees are protected from discrimination based on sex, transgender people in the US continue to face a high risk of unemployment or poverty, according to recent polling from the Center for American Progress. So what can an HR leader intent on creating an inclusive workplace do about it? The National Center for Transgender Equality is a nonprofit organization that advocates for the understanding and acceptance of transgender people throughout the US. HR Brew recently spoke with Olivia Hunt, the … Read more
This Expert Helps HIV-Positive Folks Fight Workplace Discrimination
Brian McComak spends his days helping businesses look more like America — a true mix of races, genders, and identities — as founder and CEO of the consulting firm Hummingbird Humanity. McComak, whose book, Humanity in the Workplace: A Blueprint for Building an Inclusive & Equitable Company Culture, is set for release this year, says diversity also includes those living with HIV, as he is. We connected with McComak on the uncomfortable process of coming out about your status at work and what to do when the reception is less than positive. When you came out to friends and coworkers about your HIV status, you described the situation as stressful. What are some tips to make it smoother? I still remember the anxiety I felt about … Read more
EEOC to Add Non-Binary Gender Option to Discrimination Charge Intake Process
The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it will promote greater equity and inclusion for members of the LGBTQI+ community by giving individuals the option to select a nonbinary “X” gender marker during the voluntary self-identification questions that are part of the intake process for filing a charge of discrimination. This announcement comes on Transgender Day of Visibility, which recognizes the resilience and accomplishments of the transgender community. “The addition of a nonbinary gender marker to the EEOC’s charge intake process will be an important step to promote greater inclusion for members of the LGBTQI+ community,” said EEOC Chair Charlotte A. Burrows. “To advance our mission to prevent and remedy employment discrimin­ation, we must serve all workers, including those who do not identify as male or female. Our public-facing forms should make clear that we respect that diversity.” Recognizing that the binary construction of gender as either… Read more
Employment discrimination laws and their complexities
Speaker Christopher Kleps, a professor at Ohio State University, discussed the ambiguity of employment discrimination law in front of students and faculty on Feb. 10. The event was the first of the Law and Society Speaker Series. “Employment discrimination law, as written, is inherently ambiguous,” Kleps said. According to Kleps, employment discrimination law “leaves a lot of room for judicial discretion” and it is often up to a judge’s perception of a case in whether or not discrimination took place. The premise of his talk started with legal constructionism, which is the legal approach he uses in his research. “The law itself is socially constructed and constructed by specific parties in specific contexts,” he said, explaining that law should be looked at in terms of … Read more
Workplace Discrimination After a Miscarriage
Recovering from a miscarriage can take a few weeks to a month or more. Workplace discrimination can push women back to work too soon or cause job loss. Experts say legal remedies fall short and place undue burden on employees who feel they’ve been discriminated against. About 10 to 15 percent of known pregnancies end in miscarriage. During a miscarriage, physical symptoms can range from mild to severe. Recovery time varies from person to person, depending on factors such as weeks of pregnancy, underlying conditions, and whether there are complications. The healing process can take anywhere from a few weeks to a month or more. Recovery can be a lot more difficult if you can’t take time off work for fear of losing your job. Rachel Makkar was … Read more
Understanding the Correct LGBTQ Terminlogy Is Critical to Workplace DEI Efforts
Using the correct terminology isn’t just about being “woke.” It is about creating an inclusive workplace where everyone feels respected. And getting it wrong, or not paying close enough attention to those in the workplace who get it wrong, can be evidence in employment discrimination claims. Please see full Publication below for more information…. Read more
Is Asking a Co-Worker on a Date Sexual Harassment?
With the recent focus on the #MeToo movement against sexual harassment, many employees may be questioning their own judgment when it comes to interactions with co-workers. It is not always easy to discern the difference between sincere communication with good intentions, and unlawful sexual harassment. And no one wants to end up with a sexual harassment lawsuit or accused of sexual misconduct, so a brief refresher is in order. It is probably not sexual harassment if you ask a colleague out on a date. In fact, a study from the popular job site CareerBuilder found that nearly 40 percent of participants have dated a co-worker, and 31 percent ended up marrying someone with whom they worked. However, not all employees take no for an answer … Read more
Gov. Gianforte Reaffirms Montana Law Banning Discrimination Based On Vaccination Status
Governor Greg Gianforte has provided guidance to Montana employers and employees impacted by the Occupational Safety and Health Administration (OSHA) rule mandating vaccines for employers with 100 or more employees nationwide.  “Montana law is unequivocal: employers are prohibited from discriminating based on vaccination status,” Gov. Gianforte wrote in guidance to Montanans. “While employers may encourage employees to vaccinate, they may not tie or modify any terms of employment based on vaccination status.” On Nov. 5, 2021, OSHA published the “COVID-19 Vaccination and Testing Emergency Temporary Standard” applicable to employers with 100 or more employees nationwide. The OSHA mandate violates Montana law prohibiting discrimination based on a person’s vaccination status. … Read more
Signs That Age Equity Is Gaining Workplace Relevance (At Last)
While progress toward workplace age equity has been slow, this past year shows definite signs of improvement. As a result, there is an elevated awareness of workplace age bias and discrimination and the need for companies and organizations to address it. Earlier this year, the U.S. Equal Employment Opportunity Commission (EEOC) made it very clear: job postings conveying preference — for example, “recent graduate,” young,” “energetic,” are examples of a recruiting practice that may involve systemic age discrimination. The update provided transparency by explaining the use of administrative and litigation tools used to identify and pursue systemic discriminatory practices.  … Read more
New York Enacts Job Posting Bill
Following the state of Colorado’s lead, on December 15, 2021, the New York City Council enacted Int. 1208-B (the “Bill”), which requires most employers advertising job openings for positions performed in New York City to include in the posting the minimum and maximum salaries offered for the position. Failure to do so would be considered an unlawful discriminatory practice under the New York City Human Rights Law…. Read more
Ten illegal interview questions and how to respond to them
Interviews can be an intimidating experience. Obviously, you want to impress the person who's interviewing you, and sometimes it's easy to forget that you, as a potential employee, also have the right to ask questions or raise concerns if a boundary has been crossed. You may not know this, but there are certain questions a potential employer is legally unable to ask you during an interview. That surely doesn't stop some folks from trying, though, so it's important to know what some of those questions are, and how you should respond if it happens during an interview! Here are ten illegal interview questions you have every right not to answer… Read more
Walmart Must Face Suit Claiming Failure to Accommodate Schedule
The Maine Human Rights Commission and a Walmart Stores East LP employee with an intellectual disability adequately alleged that the company unlawfully failed to reasonably accommodate his need for a modified, predictable work schedule, a district court ruled. A reasonable jury could determine that Walmart didn’t a provide “forward-looking assurance” that Michael Morin will have the work schedule he has requested, Chief Judge Jon D. Levy of the U.S. District Court for the District of Maine said in an opinion Wednesday that denied a motion to dismiss. It is premature to conclude… Read more
10 Important Developments That Shaped Employment Law In 2021
2021 was a transformative year for labor and employment law and fundamental employment dynamics. There was no shortage of highly influential decisions issued by courts around the country in 2021 — and California continues to sit at the eye of the storm. And, as we've seen for decades, what happens in California doesn't stay in California; California employment-related decisions and legislation tend to influence the landscape in jurisdictions around the country over time. What's more, the COVID-19 pandemic and a profound labor shortage have had a dramatic impact on employers and employees alike in various ways, ushering in a new normal with new risks. Here are 10 key employment issues and events that transpired this year, each of which are profoundly affecting employers' risk calculations and interactions with their employees…. Read more
Can Vaccination Status Lead to Discrimination?
Perhaps, there is a vaccination mandate, which means employees must be vaccinated. Or maybe vaccinations are still optional for employees to allow for minimal disruption to how the company operates. There are pros and cons to each choice. With Covid-19 having caused a worldwide pandemic, millions of deaths, and the upheaval of life as we knew it in 2020, the availability of a vaccine was seen as a blessing by many. The possible lifesaving implications of a vaccine meant employers could reopen their doors and safely reintegrate staff working from home back into the office. Mandating vaccines for in-office work was a smart choice for companies that wanted to give employees and clients confidence in the safety of coming back into their buildings. Some employees either didn’t want to get the vaccine, couldn’t get it, or wanted to continue working from home to ensure safety. … Read more
Workplace discrimination and retaliation plague Wyoming National Guard
If the Equal Employment Opportunity Commission's decisions and the testimony of multiple women are any indication, the Wyoming National Guard has a problem. Over the last decade the EEOC – the federal authority charged with investigating employer discrimination – has put the Wyoming National Guard on notice three times for workplace hostility, including the mishandling of sexual harassment. Whistleblowers say the documented complaints are only the tip of the iceberg and that rather than address the problem, the guard continues to find ways to delay or dodge the need to change. In August, Rachel Bennett and Jennifer Rigg – two former guard employees – spoke out about their experiences at state Capitol news conferences. For years, they both worked through official channels to address the workplace discrimination they say they faced, but after hitting dead end after dead end, they're now calling on state leaders for help. They're not alone… Read more
Officism; a New Type of Workplace Discrimination
With the coronavirus Delta variant summer surge delaying many return-to-office plans, a new source of conflict could erupt between workers who have returned to the office and those continuing to work remotely. The conflict could disrupt any chance of a smooth transition to a hybrid workplace. Perceptyx, a leading employee listening company, found evidence through its work with Fortune 500 customers and a panel research survey of more than 1,000 working Americans, that officism – defined as negative attitudes toward employees who continue to work remotely instead of returning to the office – is clearly present in today’s workforce. The news for remote workers gets worse. Managers, who are directors or above, exhibit the highest levels of officism compared to individual contributors. Those managers are the same people who are designing hybrid work plans while the Delta variant of COVID-19 still surges around the world…. Read more
Older Workers Sue Eli Lilly for Age Discrimination
In a lawsuit filed in federal court, two midcareer workers allege drugmaker Eli Lilly discriminated against older job applicants in favor of hiring early career professionals and millennials instead. The litigation could become a nationwide class action lawsuit, which would open eligibility to many older applicants who were rejected in recent years. According to the suit filed in a federal court in Indianapolis, newly appointed CEO David Ricks told Eli Lilly staffers in a company-wide conference call in April 2017 that he wanted workers who are millennials to be 40 percent of the company’s overall sales force by 2020. In some cases, the millennial hiring quota was later raised to 100 percent if lower thresholds were not being met, the lawsuit alleges. “Eli Lilly believes younger applicants are better suited to be employed in a sales representative role,” the lawsuit says. “Because sales representative roles are primarily client-facing roles whereby… Read more
EEOC Issues Guidance on Sexual Orientation and Gender Identity Discrimination
The Equal Employment Opportunity Commission (EEOC) recently issued a technical assistance document for “Protections Against Employment Discrimination Based on Sexual Orientation or Gender Identity.” The document briefly explains the Supreme Court’s decision in Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020) and the EEOC’s established legal positions on sexual-orientation and gender-identity-related workplace discrimination issues. In Bostock, the Supreme Court held that Title VII of the Civil Rights Act of 1964, which prohibits discrimination because of “sex,” bars employers from discriminating based on an employee’s sexual orientation or gender identity. The ruling came through a set of three cases that were consolidated for oral argument. All three cases turned on the same issue: whether the phrase “sex,” as used in Title VII, includes an individual’s sexual orientation or gender identity. The Court explained, “discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot… Read more
How to Get Sued for Age Discrimination
Employers can’t afford to do these seven things. And if you are a worker wondering if you have grounds for an age discrimination lawsuit, start taking notes!… Read more
Amazon Hit With 5 More Discrimination Lawsuits
Amazon was just hit with 5 more lawsuits from employees who are accusing the online giant of racial and gender discrimination … Read more
5 things to know about USA TODAY’s investigation of discrimination within EEOC
What do you do if you experience workplace discrimination? You report it to the Equal Employment Opportunity Commission (EEOC), the government agency charged with routing out workplace discrimination, right? So what if you experience workplace discrimination WHILE you're working at the EEOC? USA TODAY published an investigation this week about discrimination allegations from employees of the agency charged with routing out workplace discrimination: the U.S. Equal Employment Opportunity Commission.  Here are five key points:… Read more
Workplace Discrimination Lawsuits Are Skyrocketing in Colorado
In 2020, workplace discrimination claims accounted for one-third of all employment disputes filed in the state of Colorado. That’ is an increase of more than 200% since 2017…. Read more
Are Partners “Employees” Or “Employers” In Discrimination Lawsuits?
A topic that has received increasing attention in employment discrimination lawsuits is how law firm partners, doctors, and senior managers/directors should be categorized. Are they an “employee” or an “employer” for purposes of laws such as Title VII of the 1964 Civil Rights Act. … Read more
Workplace discrimination is illegal, yet it persists. Here’s why
In late 2006, Law and 18 of his fellow black coworkers sought relief through the US Equal Employment Opportunity Commission, the agency created to investigate workers’ complaints of job discrimination. A year later, their case still not resolved, they gave up waiting on the EEOC for help. That’s how it often goes. Each year, the EEOC and its state and local partner agencies close more than 100,000 cases — but workers receive some form of assistance, such as money or a change in work conditions, only 18 percent of the time. Employees seeking help are even less likely to get it now than when Law went to the agency…. Read more

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