Administrative Law, Civil Rights, Civil Procedure

ALJ Applies Villanueva Factors, Finds Overseas Employee’s Whistleblower Claim “Territorial”

by Lloyd B. Chinn, Cecile Martin, Daniel Ornstein, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 3/5/2013

In Dos Santos v. Delta Airlines, Inc., 2012-AIR-20 (ALJ Jan. 11, 2013), an Administrative Law Judge (ALJ) of the U.S. Department of Labor (DOL) examined whether the facts alleged by the complainant required a territorial or...more

But He Looked Black… Court Rebukes EEOC’s Use of “Race Rating” in Systemic Lawsuit

by Jon Hyman on 1/29/2013

The federal agency charged with ending racial stereotypes in the workplace, the EEOC, hinged its entire systemic case on stereotypical way in which different races “look.” The court was having none of it, excluding the EEOC's...more

Supreme Court Decides Kloeckner v. Solis

by James G. Ryan | Cullen and Dykman LLP on 1/25/2013

On December 10, 2012 the U.S. Supreme Court issued a unanimous decision in Kloeckner v. Solis holding that “[a] federal employee who claims that an agency action appealable to the MSPB violates an antidiscrimination statute...more

Aerotek Required by Federal Appeals Court to Comply with EEOC Subpoena

by U.S. Equal Employment Opportunity Commission... on 1/18/2013

Seventh Circuit Affirms That Staffing Firm Must Answer EEOC Subpoena From 2009 - CHICAGO - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that a federal appeals court ordered Aerotek, Inc., one...more

Vegan Employee May Proceed with Religious Discrimination Claim

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/17/2013

A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more

Judge Reverses Prior Rulings Dismissing Case and Allows EEOC Disability Suit Against UPS to Proceed

by U.S. Equal Employment Opportunity Commission... on 1/16/2013

Federal Court Affirms Agency May File Class Complaint Without Complete Information on All Possible Bias Victims CHICAGO - On its own motion, a federal district court reversed itself Friday and denied a defendant's...more

UK Employment Reforms in 2013

by Johanna Johnson, Stephen Ravenscroft | White & Case LLP on 1/14/2013

The UK’s Department for Business, Innovation and Skills has issued the ‘Fifth Statement of New Regulations’ (the “Statement”), which provides details of regulatory reforms and implementation dates for 2013. Whilst the...more

California Employment Law Notes - January 2013

by Harold Brody, Enzo Der Boghossian, Anthony Oncidi, Kenneth Sulzer, Mark Theodore | Proskauer Rose LLP on 1/14/2013

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

Annual Report on EEOC Developments – Fiscal Year 2012

by Littler on 1/9/2013

Over the years, Littler has provided periodic reports on significant cases, regulatory developments and other activities involving the Equal Employment Opportunity Commission (EEOC or “the Commission”). While such guidance is...more

Employer Alleges “Inherently Conflicted and Irreparably Unfair Proceedings” at CHRO; Seeks Injunction

by Daniel A. Schwartz | Pullman & Comley, LLC on 1/7/2013

A new lawsuit filed last Thursday in Connecticut state court by an employer alleges that the employer’s due process rights are being violated by “inherently conflicted and irreparably unfair proceedings” at the Commission on...more

Don't Hate Me 'Cause I'm Beautiful: Termination Based on "Irresistible Attraction" is Not Unlawful Sex Discrimination

by Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 1/4/2013

Christmas came a few days early for Iowan employers, when the Iowa Supreme Court ruled that a male employer acted legally when he fired a female employee because he had become irresistibly attracted to her – a situation the...more

Is Firing an Employee the Same as Reemploying Him?

by Brooke Colaizzi | Sherman & Howard L.L.C. on 1/4/2013

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires an employer to return a military veteran-employee to the "position of employment" he or she would have been in had the employee not left to...more

Whats A Protected Complaint Under The FLSA’s Anti-Retaliation Provision?

by Rachel Fischer, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 1/4/2013

On December 26, 2012, the Eleventh Circuit issued a ruling that strengthens defenses to “protected activity” in FLSA retaliation actions. Miller v. Roche Surety & Casualty Co., Inc., No. 12-cv-10259 (11th Cir. Dec. 26, 2012)...more

Assignment to a Lesser Position Upon Return From Leave May Support FMLA Interference Claim

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/3/2013

The Eleventh Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from leave...more

Court Rejects EEOC Class-Wide BFOQ Challenge To Mandatory Retirement Of Pilots

by Greg Mersol | BakerHostetler on 12/31/2012

Mandatory retirement ages have been largely eliminated for most employees, but still continue in a handful of areas. For many years, the Federal Aviation Administration prohibited pilots over the age of 60 from flying for...more

Supreme Court Clarifies Appeals Rights For Federal Employees

by Fisher & Phillips LLP on 12/29/2012

On December 10, 2012, the Supreme Court handed down a critical victory to federal employees in a highly technical case. This decision now gives federal employees a simpler and less confusing process for appealing...more

Can the Cook County Commission on Human Rights Award Punitive Damages?

by Kirk Jenkins | Sedgwick LLP on 12/24/2012

Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term conclude with Crittenden v. Cook County Commission on Human Rights. Crittenden involves a question of administrative...more

Who Is a “Supervisor” Under Title VII and Why You Should Care

by Schnader Harrison Segal & Lewis LLP on 12/18/2012

Oral Argument in Vance v. Ball State University Takes an Unexpected Turn - Late last month the U.S. Supreme Court heard oral argument in Vance v. Ball State University, No. 11-556. The issue that Vance is expected to...more

Sixth Circuit Gets it Wrong on Title VII Pattern or Practice Claims

by Greg Mersol | BakerHostetler on 11/26/2012

The “frappe” button on a blender is useful for all kinds of recipes when you want to mix things up, but it, until now, has not been considered a viable rule of statutory construction. We’ve written before (previous...more

Sixth Circuit Reverses Cintas Pattern-or-Practice Case

by Orrick - Global Employment Law Group on 11/14/2012

Last week, the Sixth Circuit Court of Appeals reversed summary judgment orders in a Title VII sex discrimination case against Cintas Corporation, holding that the EEOC (the intervening plaintiff) should have been allowed to...more

California Employment Law Notes - November 2012

by Proskauer Rose LLP on 11/9/2012

In This Issue: - "A Motivating Reason" Jury Instruction Is Upheld In Pregnancy Discrimination Case: Alamo v. Practice Mgmt. Info. Corp., 2012 WL 4450066 (Cal. Ct. App. 2012) - Wrongful Termination Claim Based Upon...more

"The 2012 U.S. Supreme Court Term: Business Cases to Watch"

by Skadden, Arps, Slate, Meagher & Flom LLP on 10/25/2012

The U.S. Supreme Court's new term began on the first Monday of October, its first public meeting since the Court's high-profile health care decision in June, and there already are a number of cases that will have a...more

Workers' Compensation Appeals Board Has Exclusive Jurisdiction To Adjudicate Claims For Discrimination Based On Filing A Workers'...

by Kronick, Moskovitz, Tiedemann & Girard on 10/17/2012

In Dutra v. Mercy Medical Center Mt. Shasta (--- Cal.Rptr.3d ----, Cal.App. 3 Dist., September 26, 2012), a California Court of Appeal considered whether a lawsuit alleging that an employee had been wrongfully terminated due...more

Supreme Court Will Consider Four Employment Related Cases This Term

by Cullen and Dykman LLP on 10/11/2012

On October 1, the U.S. Supreme Court opened its new term and will review four cases that either directly concern employment laws or have an impact on employment litigation....more

California Business Owners Gain New Ammunition Against Expensive Predatory Practices and Abusive Disability Access Lawsuits

by XpertHR - Partnered with LexisNexis on 10/8/2012

Effective September 19, 2012, a new California law hopes to accomplish two main goals: - End the rampant abuse of demand for money letters and frivolous disability access lawsuits filed in California; and - Improve...more

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Administrative Law › Civil Rights › Civil Procedure