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You Take the Good, You Take the Bad: NJ High Court Offers Employers Avenue to Limit Vicarious Liability in Harassment Suits; But...

In Aguas v. State of New Jersey, the New Jersey Supreme Court recently adopted an affirmative defense—available under federal law since 1998—allowing employers to use their anti-harassment policies to limit vicarious...more

ArbG Solingen: Unternehmen muss Vorgesetztem trotz Missbrauchsverdachts nicht kündigen

Ein Arbeitgeber muss einen Manager, der einen anderen Arbeitnehmer sexuell missbraucht haben soll, nicht entlassen. Das entschied das Arbeitsgericht Solingen kürzlich (ArbG Solingen, Urt. v. 24.02.2015, Az. 3 Ca 1356/13). Der...more

Same-Sex Spouses to be Covered by FMLA as of March 27, 2015

On February 25, 2015, the U.S. Department of Labor (DOL) finalized a new rule (which was published in the Federal Register) expanding protections under the Family and Medical Leave Act (FMLA) for same-sex married...more

Delivery Driver Loses Harassment Claim for Failing to Follow Complaint Procedure

It's important for employees to follow company policy, but it's even more important for employers to have those policies in the first place. In this case, the Fifth Circuit dealt a harsh blow to an employee who complained,...more

Same-sex marriage in Alabama: What employers need to know

Alabama probate judges have begun issuing marriage licenses to same-sex couples following a recent ruling out of the Southern District of Alabama that struck down the state's ban on same-sex marriage. Employers should take...more

Construction Case Law Update - March 2015

Racial discrimination; City Contracting Ordinances; Federal Affirmative Action Compliance in Contracting – Plaintiff-contractor sued the City of Jacksonville, alleging racial discrimination against him and other...more

Locke Lord QuickStudy: FMLA Rule Revises Definition of Spouse - The FMLA Extends Leave Rights to Individuals in Same-Sex and...

A Final Rule issued by the Department of Labor (DOL) on February 23, 2015 has revised the definition of “spouse” under the Family and Medical Leave Act (FMLA) to include individuals in legally recognized same-sex and...more

What is Excessive Force? Don’t ask the experts!

We are all very familiar with the recent incidents that occurred in Ferguson, Missouri and New York City. These two incidents brought to the national spotlight (yet again) the difficult, split-second decision making required...more

DOL Publishes New FMLA Regulations That Redefine "Spouse"

The Final Rule takes effect on March 27 and redefines “spouse” under the FMLA to reflect the law in the state where the marriage was performed. On February 25, the U.S. Department of Labor (DOL) published a final rule...more

Abercrombie & Fitch Doesn't Look Too Good To Supreme Court

In a case we discussed earlier, the U.S. Supreme Court did not appear impressed with Abercrombie & Fitch's recent argument that a hijab wearing applicant needed to ask for religious accommodation before they were obliged to...more

EEOC Background Check Litigation Strategy Criticized

Readers who have been following the EEOC’s efforts to prosecute employers who conduct background checks will be interested in the Wall Street Journal’s editorial, “Hit Us Again, Harder.” ...more

Fourth Circuit Finds EEOC's Expert Report Unreliable Under Federal Rules of Evidence

As part of an employer's business in providing integrated services for high level events, it commenced background checks of all prospective employees, including credit checks for positions dealing with "credit sensitive"...more

This ‘n’ that from the world of the workplace

Religious accommodation, the Oscars, non-competes, social media, Brian Williams versus Bill O’Reilly, workplace violence, and inspirational employees — we have it all today! Here are some links about recent news and court...more

The California Public Employment Relations Board Broadly Construes Protected Activity Under Educational Employment Relations Act

The Public Employment Relations Board ("PERB") in Crowell v. Berkeley Unified School District found the anti-retaliation provisions contained in the Educational Employment Relations Act ("EERA"), Cal. Gov. Code § 3540, et...more

DOL Issues Final Rule Redefining “Spouse” Under FMLA

Last Wednesday the Department of Labor (DOL) issued its Final Rule revising the definition of “spouse” under the Family and Medical Leave Act....more

Is Summary Judgment Unavailable for Sexual Harassment Claims? The Impact of the Walker v. Mod-U-Kraf Ruling on Sexual Harassment...

In modern employment litigation, the employer’s ultimate goal is to prevail at summary judgment, thereby avoiding the expense of trial and the unpredictability of a jury. A recent decision from the Fourth Circuit Court of...more

Third Circuit Nixes EEOC Retaliation Suit

Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Allstate Insurance Co., No. 2-01-cv-07402 (3d Cir. Feb. 13, 2015), the Third Circuit affirmed that the defendant did not violate federal anti-retaliation laws...more

New York Appellate Division Permits Worker to Establish Membership in Protected Class Based on Association with Another

Chiara v. Town of New Castle, (N.Y. App. Div., 2d Dep’t Jan. 14, 2015): A recent decision by the New York Appellate Division, Second Department, held that a plaintiff claiming religious discrimination under the New York State...more

Another SEC Whistleblower Amicus Brief On Whether Dodd-Frank Covers Internal Complaints

On February 6, the SEC filed its third amicus brief defending its interpretive rule on Dodd-Frank’s anti-retaliation provision, 15 U.S.C. §78u-6(h)(1). The impetus is a ruling out of the Southern District of New York in...more

“Lies, D*mned Lies, and Statistics”: Fourth Circuit Affirms Summary Judgment Against EEOC on Background Check Lawsuit Based Upon...

On February 20, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed a Maryland federal district court’s entry of summary judgment against the U.S. Equal Employment Opportunity Commission (“EEOC”) with respect to...more

You Again?: Application of the First-to-File Bar Where Subsequent Actions Are Brought By the Same Relator

The Federal False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq., has unique procedural aspects that come into play when a private whistleblower (the “relator”) seeks to sue on behalf of the Government. One of these, the...more

To Whom Must The Whistle Blow? SEC Asks Second Circuit for Deference on Scope of Dodd-Frank Whistleblower Protection

In an amicus brief filed earlier this month in Berman v. Neo@Ogilvy LCC, the SEC asked the Second Circuit to defer to the Commission and hold that individuals who report misconduct internally are covered by the...more

Court Finds Naming Names in Public Filings and Imprudent Emails Support Action For Retaliation

In Celia Greengrass v. International Monetary Systems, Ltd., 2015 WL 137891, (7th Cir. Jan. 12, 2015), the Seventh Circuit relied in part on the fact that an employer identified a former employee by name in its discussion of...more

2014's Hottest Employment Rulings Affecting Southeastern Employers

2014 saw a wide range of employment issues presented before the 11th Circuit. This article seeks to highlight some of the more frequently cited 11th Circuit opinions from last year. The updates below, although not earth...more

Update on Criminal Background Checks: Impact of EEOC v. Freeman and Ongoing Challenges in a Continuously Changing Legal...

The latest chapter in the ongoing saga of employment-related criminal background checks in the United States has been written, and one of the authors had some particularly strong words for the Equal Employment Opportunity...more

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