Disparate Impact Claims under Title VII

Under Title VII it is unlawful for an employer to discriminate against an employee or applicant on the basis of basis of sex, race, color, religion, and national origin. This means that employers may not fire, refuse to hire, demote, or take other adverse employment action against an employee or applicant because of his or her sex, race, color, religion, or national origin.

Fair Labor Standards Act Class Actions

Background

War Hazards Compensation Act

Congress passed the War Hazards Compensation Act (WHCA) in 1942 to provide benefits to employees of government contractors or their survivors for injuries or deaths stemming from war-risk hazards. The WHCA also reimburses insurance carriers for any workers' compensation benefits paid by the carriers to these employees or survivors. The WHCA replaces wages lost by employees who are held as prisoners of war. It also presumes that missing persons are totally disabled.

Pregnancy Discrimination Act of 1978

Although pregnancy discrimination would arguably fall under the general sex discrimination prohibition of Title VII of the Civil Rights Act of 1964, courts did not always see it that way. In particular, courts ruled in the 1970s that temporary disability benefits programs that excluded pregnant women did not violate Title VII. Through an amendment to Title VII, known as the Pregnancy Discrimination Act of 1978 (PDA), Congress clearly specified that discrimination based upon pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII.

Appealing a General Schedule Classification

The General Schedule (GS) Classification System is the scheme under which "white collar" federal competitive civil service jobs are classified for pay purposes. Employees placed into the same "class" of employment are also entitled to be treated similarly with regard to promotion, hiring, and other personnel decisions.