Katz, Marshall & Banks partner Alexis Ronickher authored an article for the September 2019 edition of Trial Magazine on the importance of pursuing overlapping national origin, race, religion, or gender discrimination claims, when applicable.
Ms. Ronickher provides an overview of the primary federal law that protects workers against national origin – Title VII of the Civil Rights Act.
She then explains that national origin and race discrimination are frequently intertwined. In those cases, another federal law – Section 1981 – provides additional advantages including uncapped damages, a longer statute of limitation, broader discovery, and more. Given these advantages, she counsels that it is critical to pursue case that are both national origin and race discrimination under both laws.
National origin discrimination also overlaps frequently with religion and gender bias. Ms. Ronickher covers the benefits of asserting national origin and religious and/or gender as protected categories, even though all are protected categories covered by Title VII.
Given the clear advantages of pleading overlapping bias claims, Ms. Ronickher cautions to “expressly identify each protected basis in the EEOC charge and carefully develop the facts supporting each claim to ensure administrative exhaustion of all Title VII claims.”
Read the full article here.