Can a social media firestorm be the basis for an employment decision? Although it may seem like a lifetime ago, in the spring of 2020, the internet’s attention turned to a viral video of a white woman in Central Park who...more
Add this case to your “Be Sure to Document Your Non-Discriminatory Reasons” file. An employee doing bad things lost on summary judgment in an employment discrimination action, even though she alleged that the company did not...more
11/1/2019
/ ADEA ,
Age Discrimination ,
Appeals ,
Dismissals ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Evidence ,
Failure to Investigate ,
Hiring & Firing ,
Summary Judgment
Employment lawyers and most HR professionals are familiar with the Faragher-Ellerth defense to a claim of sexual harassment. In short, if an employer can show that (1) it exercised reasonable care to prevent and correct...more
9/13/2018
/ Anti-Harassment Policies ,
Appeals ,
Complaint Procedures ,
Corporate Counsel ,
Dismissals ,
Employee Handbooks ,
Employer Liability Issues ,
Failure to Report ,
Faragher/Ellerth defense ,
Gender Discrimination ,
Hiring & Firing ,
Hostile Environment ,
Human Resources Professionals ,
Retaliation ,
Reversal ,
Sexual Harassment ,
Title VII
When do you have to pay an employee before a shift? In Llorca v. Sheriff (Collier County, Florida), the Eleventh Circuit waded into the rich history of what types of pre-shift activities might qualify for hourly compensation....more
Is there such a thing as a disparate impact age claim? The Eleventh circuit last week says not for people applying for a job. On October 5, 2016, the Eleventh Circuit Court of Appeals issued an opinion shutting down claims...more
Last week the Eleventh Circuit Court of Appeals affirmed a lower court’s dismissal of a case the EEOC filed over a job applicant’s short dreadlocks. In 2010, Chastity Jones, an African American, applied for a position with...more
9/20/2016
/ Appeals ,
Civil Rights Act ,
Corporate Counsel ,
Discrimination ,
Dismissals ,
Disparate Treatment ,
Equal Employment Opportunity Commission (EEOC) ,
Ethnicity ,
Hiring & Firing ,
Job Applicants ,
Race Discrimination ,
Title VII
This week, the Ninth Circuit held that Ernst & Young’s (E&Y) arbitration agreement that prohibited its employees from filing class actions violates the National Labor Relations Act (NLRA). E&Y required as a condition of...more
8/25/2016
/ Appeals ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Dismissals ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
NLRA ,
Pre-Employment Agreements ,
Section 7
Is cuteness a protected class? Most of our mothers would say it should be. However, a recent decision in New York found a woman could not bring suit against her former employer based on her allegation that she was terminated...more