Online Community

ASA Central

A dynamic online community for ASA members to exchange ideas and best practices, and connect with industry peers in their sector. Visit the site ›
Find Goods & Services

ASA Marketplace

This powerful online resource enables staffing companies to find and access industry supplier information, products and services. Visit the site ›
Daily Publication

Staffing Today Newsletter

Your #1 daily source for news about the workforce industry. With versions available to members and nonmembers. Visit the site ›
Health Care Reform

Affordable Care Act Resources for Staffing

Up-to-date news, resources, interactive tools, and more—all focused on helping ASA members comply with the ACA. Visit the site ›
Advertisers & Exhibitors

Staffing Industry Suppliers

ASA has numerous and diverse marketing opportunities available to help you reach the rapidly growing staffing industry. Visit the site ›
Exclusive Products

ASA Store

From certification packages and study guides to marketing tools and data reports, ASA resources add value to your business. Visit the site ›

Title VII Protects Both Current and Former Employees From Discriminatory Adverse Employment Actions

Lexology (03/19/12) Maria Greco Danaher

In Gerner v. County of Chesterfield, the Fourth U.S. Circuit Court of Appeals reiterated that both current and former employees can bring an action under Title VII of the Civil Rights Act. The case involved a woman whose position as human resources director for Chesterfield County, VA, was eliminated as part of a reorganization in 2009 and who was terminated for allegedly refusing to collect three months of pay and benefits as a severance in exchange for resigning and signing a waiver of legal claims against the county. The employee filed a lawsuit that accused the county of giving male former directors of county departments deals of up to six months of pay and benefits or putting them in positions with less responsibility for the same pay to “enhance their retirement benefits.”

The Fourth Circuit pointed to the U.S. Supreme Court’s ruling in Hishon v. King & Spalding, in which benefits may provide the basis for a Title VII claim if it is “part and parcel of the employee relationship.” Additionally, the Fourth Circuit said Title VII language protects “any individual.”