8 TortSource 1 (2005-2006)

handle is hein.journals/tortso8 and id is 1 raw text is: Publication of the Tort Trial & Insurance Practice Section

NEXT11                    IRetaliation Claims Surge
Establishing an Adverse Action
Thomas E. Deer and Sylvia A. Bier
he U.S. Equal Employment Opportunity Commission (EEOC) received 81,293
eployment discrimination charges in 2003. Of these charges, race, gender/sex,
d retaliation were the most frequently alleged bases of discrimination. In 2004,
.. the EEOC received 79,432 charges of discrimination. Retaliation again ranked third
o      and continues to be a fast-growing, evolving area of discrimination law.
f vTitle VII of the Civil Rights Act, which bars discrimination on the basis of race,
Z                                                                   color, sex, religion, national origin, and wage differences between men and women,
. <   also bars retaliation against individuals who oppose unlawful discrimination or
who participate in discrimination proceedings. An employer may not fire, demote,
continued on page 6
Adverse$
Sex, Religion, Tattoos, and
at1
Piercings: Trends in Recent
Employment Case Law
Lynn A. Kappelman and Jennifer A. Serafyn
e often hear that image is everything, and it is indeed true that image is a valuable
commodity in todays market. Companies in the United States spend millions of dollars                                      4
to cultivate and project a particular image that will appeal to their target consumers.  -cc
Corporations enjoy the benefit of intellectual property laws to protect these carefully  0
crafted images from external forces. For many years, courts have enforced corporate                            i
dress codes and appearance policies that protect companies' projected public image
policies.
Recently, however, we have seen a number of employee lawsuits alleging that cor-  0
porate appearance policies create image-based or appearance-based discrimination.  R
continued on page 4   -

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