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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Indefinite Leave Not A Reasonable Accommodation Under Connecticut Law

by Murtha Cullina on

On September 5, 2017, the Connecticut Appellate Court affirmed the Superior Court’s entry of summary judgment in favor of the employer in a case involving the thorny issue of whether an extended leave of absence is a...more

Century Park Associates / Garden Plaza Of Greenbriar Cove Sued By EEOC For Religious Bias

Retirement Community Demanded Two Employees Work on Sabbath, Federal Agency Charges - CHATTANOOGA, Tenn. -- Century Park Associates, LLC, dba Garden Plaza at Greenbriar Cove, which operates a senior and assisted living...more

It ain’t Over ’til it’s Over (and Even Then, it Might not Be Over): How long can the EEOC Continue Investigating – after Issuing a...

by Dorsey & Whitney LLP on

EEOC charges are a fact of life for employers. Even with comprehensive equal employment policies, top-notch human resources personnel, and a great workplace culture, many employers will at some point encounter a charge of...more

Pennsylvania Courts Split Over Sexual Orientation Discrimination

by Tucker Arensberg, P.C. on

A recent decision by Judge Jan E. DuBois in Coleman v. Amerihealth Caritas, No. 16-3652, 2017 U.S. Dist. LEXIS 85319 (E.D. Pa. June 2, 2017) demonstrates that Pennsylvania courts remain divided as to whether Title VII of the...more

Horizontal Well Drillers Sued by EEOC For Age And Disability Discrimination In Hiring

Oklahoma Oil Drilling Company Also Made Unlawful Inquiries Into Applicants' Past Workers' Compensation Claims and Committed Other Violations, Federal Agency Charges - ST. LOUIS - Horizontal Well Drillers (HWD), an oil and...more

Purported Whistleblower Barred from Pursuing Illinois Retaliatory Discharge Claim

The Northern District of Illinois recently dismissed an Indiana-based employee’s claims for retaliatory discharge in violation of common law, focusing on the nature of the connection (or lack thereof) to Illinois and noting...more

Another Employer’s Defense in Disability/Medical Marijuana Case Goes Up in Smoke

by Shipman & Goodwin LLP on

Many states have approved the use of medical marijuana, despite the fact that the federal government continues to classify marijuana as a Schedule I controlled substance. As a result there is a tension between state rights to...more

FCA Deeper Dive: FCA Retaliation Claims

by Bass, Berry & Sims PLC on

The FCA provides protections for whistleblowers in connection with their whistleblowing activities. To establish that an employer retaliated against an employee in violation of 31 U.S.C. § 3730(h), an employee must...more

EEOC Sues Verona Resort & Spa For Pregnancy and Disability Discrimination

Company Failed to Accommodate and Fired Employee Because of Pregnancy-Related Condition, Federal Agency Charges - TAMUNING, Guam - Verona Resort & Spa., a hotel resort and spa in Tamuning, violated federal law when it...more

Washington Public Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User

by Littler on

Last month, a Washington federal district court judge ordered an employer to pay a terminated employee a little over $1.8 million in damages for failing to accommodate the employee’s use of opioids that had been prescribed to...more

Company’s Reaction to Claim of Unequal Pay Provides Lessons for Employers

Complaints of unequal pay should not be taken lightly, and certainly should not be met with an immediate adverse employment action. The U.S. Court of Appeals for the Eighth Circuit recently reinstated a female office worker’s...more

Tim Horton's In Romulus Sued By EEOC for Failure To Provide Religious Accommodation

Employee Not Permitted to Wear Skirt Instead of Pants, Federal Agency Charges - DETROIT - Sleneem Enterprises, LLC, a franchise operator of Tim Horton's Café and Bake Shop in Romulus, Mich., violated federal law by...more

IDEA Exhaustion is Alive and Well: Applying Fry in Graham v. Friedlander

A Connecticut Superior Court judge has issued what might be the first decision in the country applying the United States Supreme Court’s recent test for determining whether a party is required to exhaust the administrative...more

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

Missouri enacts new employment law favoring employers

by Thompson Coburn LLP on

On June 30, Governor Eric Greitens signed into law a new bill making notable changes to rights and remedies for claims under Missouri’s discrimination law (“MHRA”) and claims for whistleblower retaliation. The changes more...more

What is a Reasonable Accommodation under the ADA?

by Tucker Arensberg, P.C. on

The Americans With Disabilities Act (“ADA”) requires that employers provide employee’s with a qualifying disability with a reasonable accommodation, so long as the same does not represent an undue burden on the...more

Missouri Levels The Playing Field For Defending Baseless Discrimination Lawsuits

by Fisher Phillips on

Good news for Missouri employers: the days of our state arguably being considered the most dangerous place in America for baseless discrimination lawsuits are about to end. Governor Eric Greitens late last week signed...more

Website Accessibility Update: California Federal Court Denies Hobby Lobby’s Motion to Dismiss

by Bryan Cave on

Another website accessibility decision against a retailer, this time involving Hobby Lobby Stores, Inc. in the Central District of California, highlights the uncertainty of the law and of litigating such cases while courts...more

Ninth Circuit Holds ADA Certified Class Has Standing to Challenge Facilities Not Personally Visited by Plaintiff

by Carlton Fields on

Plaintiff, seeking declarative and injunctive relief, brought a putative class action alleging that the city and county of San Francisco failed to comply with certain requirements of the Americans with Disabilities Act,...more

EEOC Sues Gold, Inc. / Sammy’s Gentlemen’s Club For Sex Discrimination

Company Refused to Hire Male Job Applicant Because of His Sex and Failed to Maintain Required Records of Job Applications, Federal Agency Charges - BIRMINGHAM, Ala. - Gold, Inc., d/b/a Sammy's Gentlemen's Club, a...more

The Supreme Court - June 26, 2017

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in five cases today: California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373: Lehman Brothers’ collapse led to a number of securities...more

The Baton Passes Back to the East Coast: Prior Salary Ban Passed in Delaware and Philadelphia Law Suit Challenging Prior Salary...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: There have been two big updates on the prior salary front. First, Delaware joins the growing number of states and local jurisdictions with its enactment of a law preventing employers from requesting salary...more

Don’t Get Caught Whistling Winn-Dixie: Rethinking ADA Compliance After First-of-its-Kind Verdict

On June 13, 2017, the US District Court for the Southern District of Florida issued a verdict in a first-of-its-kind federal trial involving the alleged inaccessibility of a website under the Americans with Disabilities Act...more

Fourth Circuit Affirms "Mark of the Beast" Religious Discrimination Verdict

The Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) affirmed a $600,000 jury verdict in favor of a West Virginia coal miner who refused to use a new biometric hand scanner installed by his...more

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