On March 31, 2022, a Kentucky jury unanimously awarded $450,000 to an employee, who was terminated following two panic attacks the employee suffered at work. The jury concluded the employee’s anxiety disorder was a disability...more
On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more
4/5/2022
/ ADEA ,
Adverse Employment Action ,
Age Discrimination ,
Bias ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Hiring & Firing ,
Sex Discrimination ,
Summary Judgment ,
Title VII ,
Wrongful Termination
Mental health is the latest emergent issue for employers due to recent events such as the ongoing COVID-19 pandemic, resulting recession and other factors like the perpetual display of racial injustices in the...more
2/4/2022
/ American Rescue Plan Act of 2021 ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
Mental Health ,
Risk Mitigation
On January 7, 2022—the same day the Supreme Court of the United States heard oral arguments concerning the OSHA workplace vaccine mandate—the Louisiana Supreme Court (“LA Supreme Court” or the “Court”) upheld a private...more
1/10/2022
/ At-Will Employment ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Declaratory Relief ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Healthcare Workers ,
Infectious Diseases ,
Injunctive Relief ,
LA Supreme Court ,
Right to Privacy ,
State Labor Laws ,
Vaccinations ,
Workplace Safety
Louisiana employers should be aware of two new laws which went into effect on August 1, 2021. The first, Act 393, provides for reasonable accommodations of employees who become temporarily disabled due to certain...more
9/15/2021
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
New Legislation ,
Pregnancy ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
State Labor Laws
On March 30, 2020, the U.S. Supreme Court declined to review a decision from the Seventh Circuit in Leeper v. Hamilton County Coal, LLC, No. 19-1109, which held that a layoff was temporary, and thus did not trigger the 60-day...more
A well-drafted anti-sexual harassment policy and complaint procedure can provide useful defenses for employers defending against claims of sexual harassment. However, a recent decision from the Fifth Circuit should remind...more
7/26/2016
/ Anti-Harassment Policies ,
Appeals ,
Complaint Procedures ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Faragher/Ellerth defense ,
Hostile Environment ,
Internal Communications ,
Internal Investigations ,
Reversal ,
Sexual Harassment
On November 13, 2014, the Fifth Circuit handed down its opinion in Coffin v. Blessey Marine Services, Inc., No. 13-20144, 2014 WL 5904734 (5th Cir. Nov. 13, 2014). The opinion addressed several key factors related to the...more