Court Refuses to Adopt View That Member of a Protected Class Cannot Discriminate Against Other Members of That Class

In an opinion issued on August 22, a federal judge in Washington, D.C., reiterated that a member of a protected class can, in fact, discriminate against members of that class.  In Moore v. Howard University, a former security guard alleged that the university terminated his employment because of his race.  The university sought to dismiss […]

Supervisors and Managers Can Use Subordinates as “Comparators” in Workplace Discrimination Cases

On August 2, 2017, a federal judge ruled that supervisors and managers can use their subordinates as “comparators” for lodging workplace discrimination suits against their employers. A wrongful termination case from a former public safety officer at Swarthmore College, predicated on an alleged incident of racial discrimination, has now survived both a motion for summary judgment and a motion […]

Federal Court Upholds Validity of Harvard’s Employee Separation Agreement

On August 7, 2017, the U.S. District Court for the District of Massachusetts dismissed a disability discrimination claim brought by a former employee against Harvard University, ruling that the employee had released all claims against the University when she accepted the terms of her separation agreement.  The plaintiff, who worked as a nurse at Harvard […]