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The Employment Law Impact of Texas Dep't of Housing v. Inclusive Comm.: A Double-Edged Sword?

Earlier this week, in a 5-4 decision, the Supreme Court surprised many and saved disparate impact discrimination claims under the Federal Housing Act (“FHA”). See Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. Generally, the disparate impact analysis allows individuals to prove discrimination based upon the disparate impact of an employer's otherwise neutral policy. For example, a purportedly neutral test that is not related to the job but has the effect of weeding out members of...

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C&A Congratulates Chicago Blackhawks on their Stanley Cup Victory

Congratulations to the Chicago Blackhawks on their Stanley Cup victory! May this inspire our *other* Chicago sports teams to reach new heights . . . . Here are some pictures of the post-victory parade mayhem outside of our offices (bear in mind that a good portion of the Loop looked something like this yesterday afternoon):

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Caffarelli & Martin Ltd. Federal Class Action Featured in Crains Chicago Business

Earlier this month, Law Offices of Caffarelli & Martin Ltd. filed a federal class action lawsuit on behalf of Lucio Barrera against his employer, DNJ Intermodal Services. The lawsuit alleges that Mr. Barrera and a class of truck drivers based out of Illinois were misclassified as independent contractors, and that in light of the unlawful deductions being made from their paychecks the drivers would sometimes make less than the minimum wage. Mr. Barrera also personally alleges that DNJ wrongfully confiscated...

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Mystery Employee Defacates on Floor – Company Cannot Require DNA Tests to Find Culprit

In a case she described as the "mystery of the devious defacator," Judge Amy Totenberg of the United States District Court for the Northern District of Georgia in Atlanta ruled that a Company could not require employees to take a DNA test to determine whether they were defacating on the Company's warehouse floor. To do so, reasoned Judge Totenberg, violates the Genetic Information Nondiscrimination Act (“GINA”), 42 U.S.C. § 2000ff, et seq., which generally prohibits employers from requesting genetic information...

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Muslim Woman's Head Scarf Discrimination Case Reinstated by U.S. Supreme Court

By a vote of 8 to 1, the United States Supreme Court reinstated a discrimination case brought by the Equal Employment Opportunity Commission on behalf of a muslim woman, Samantha Elauf, against the clothing retailer Abercrombie & Fitch. Ms. Elauf was fired from her job because her head scarf violated the company's dress code, which required that employees dress in a "classic East Coast collegiate style." Although Ms. Elauf won at trial, the 10th Circuit Court of appeals overturned the...

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Charles Ray Exhibition Opens at Art Institute

The next time you visit our offices, make sure to check our the Charles Ray sculpture exhibition across the street at the Art Institute of Chicago. The view from our offices includes "Horse and Rider," a ten-ton steel statue on display in the south garden. The garden, which is open to the public in the summer months, was designed by renowned landscape architect Dan Kiley. For more information about the Charles Ray exhibition, visit http://www.artic.edu/exhibition/charles-ray-sculpture-1997-2014.

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US Supreme Court Holds that EEOC Conciliation is Subject to Judicial Review

This morning, the US Supreme Court issued a decision in Mach Mining v. EEOC (# 13-1019). The case hinged upon whether Title VII of the Civil Rights Act of 1964 requires that the Equal Employment Opportunity Commission attempt to conciliate claims before filing a lawsuit, and whether the EEOC's efforts or lack thereof are subject to judicial review. In this case Mach Mining claimed that the EEOC had not adequately fulfilled that conciliation requirement. In a decision written by Justice...

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Caffarelli & Martin Ltd. Right to Privacy Case Featured in the Chicago Sun Times

This past month, Caffarelli & Martin Ltd. filed a lawsuit in Cook County Circuit Court on behalf of Matt Eberhardt, a former sales manager for Windy City Limousine Company, a west suburban limousine company. Eberhardt claims he was fired after refusing to show the company's owner private information contained in his Facebook and LinkedIn accounts. The lawsuit is brought under the Illinois Whistleblower Act, due to the fact that Eberhardt refused to comply with an unlawful request, which would have...

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US Supreme Court Rules in Favor of UPS Worker in Pregnancy Discrimination Claim

In 1976, the Supreme Court ruled that a company's failure to include pregnancy discrimination in a disability plan did not constitute sex discrimination. Congress promptly passed the Pregnancy Discrimination Act to remedy the Court's ruling, but since that day the federal courts have tussled over what is and what is not required by that law. Yesterday, on a vote of 6-3, the United States Supreme Court allowed a former UPS driver to proceed with her pregnancy discrimination claim against UPS...

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