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Fourth Circuit Says Courts Retain Jurisdiction Over Retaliation Claim Linked to Untimely EEOC Discrimination Charge

In order to sue for employment discrimination under Title VII, plaintiffs must first file a charge of discrimination with the Equal Employment Opportunity Commission within a certain time period after the last alleged...more

Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits

The Eighth Circuit recently concluded that an employer may violate the ADEA by terminating an older employee in order to reduce its health care premiums. Tramp v. Associated Underwriters, Inc., 2014 WL 4977396 (8th Cir....more

Is Firefighter's Fear of Fire an ADA Disability?

Although it might seem strange to suggest that a firefighter's fear of entering a burning building is a disability, that's exactly what a Texas jury decided. In the end, however, the Texas Supreme Court overturned the jury's...more

Seventh Circuit Reminds Attorneys to Conduct “Reasonable Amount of Legal Research” Before Filing Claims

Under the federal civil rights statutes, plaintiffs who prevail ordinarily receive an award of attorneys’ fees that must be paid by the defendant. But, in order not to deter plaintiffs from filing such claims, the reverse is...more

Eighth Circuit Says Termination Made to Lower Health Care Costs Constitutes Age Discrimination

Under the U.S. Supreme Court’s 1993 Hazen Paper decision, employers that select employees for layoff using the date of vesting of their pensions based on years of service are not discriminating on the basis of age, even if...more

SDNY Dismisses Extraterritorial SOX and Dodd Frank Whistleblower Claims

Failing to heed a powerful message from the Second Circuit, overseas plaintiffs are continuing to seek to pursue SOX and Dodd-Frank whistleblower claims. On September 30, 2014, the Southern District of New York in Ulrich v....more

Revocation of Ex-Convict’s Job Offer Did Not Violate State Law, Says PA Court

Pennsylvania, like many states, has restricted employer use of criminal history in hiring and other employment decisions. Under the Criminal History Record Information Act (CHRIA), Pennsylvania employers may “consider”...more

EEOC Dragged Through Texas Roadhouse

In a positively sublime “man bites dog” story, Texas Roadhouse restaurants recently sued the EEOC for alleged violations of the Freedom of Information Act (“FOIA”). The story begins in 2011, when the EEOC filed a national...more

Judge in Chicago Dismisses EEOC Suit Challenging CVS Health’s Severance Agreements

As we reported earlier this year (EEOC Files Suit Over Separation Agreement Language), the Chicago District Office of the Equal Employment Opportunity Commission (EEOC) filed suit against CVS Pharmacy alleging that the...more

Applicants & Employees Can Refuse to Disclose Expunged Criminal Records Under New Louisiana Law

A new Louisiana law that took effect on August 1 serves to prevent employers from inquiring into an applicant’s or employee’s expunged criminal records. The law does provide for certain exceptions such as where the position...more

Pregnancy Is a Protected Characteristic Under the Florida Civil Rights Act

In April 2014, the Florida Supreme Court, resolving the split in the Florida District Courts of Appeal, held that the Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment on the basis of pregnancy....more

Three Key EEO Cases to Watch on the SCOTUS Docket This Term

The Supreme Court is set to weigh in on several key questions for employers this term related to employee discrimination. When does an employer have to accommodate a pregnant employee? How about a job applicant who wears a...more

A Question To Be Answered By The Supreme Court: Should You Discuss The Obvious At Job Interviews?

Sometime next year the United States Supreme Court will decide whether a job interviewer had an obligation to inform an applicant that the interviewer has noticed that the applicant is wearing a headscarf. Put another way, on...more

Court Affirms Three-Part Title IX Test Applies to High Schools

In a recent decision, Ollier v. Sweetwater Union High School District, the Ninth Circuit Court of Appeals upheld a trial court finding that a public school district intentionally discriminated and retaliated against female...more

Contemporary Clothing's "Look" Collides With Title VII

There is more than a little bit of irony when a clothing company with a target market of teens and young adults has a fashion dilemma. However, a national retailer has just such a dilemma arising from a potential religious...more

District Judge Allows Rail Union to Side Step Rule 23 with Pattern-Or-Practice Claim

A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23. In...more

EEOC Challenge to CVS Severance Agreement Dismissed Due to Agency’s Failure to Engage in Conciliation

Late last year the United States Equal Employment Opportunity Commission (EEOC) sued CVS in the Northern District of Illinois claiming that the retail pharmacy’s standard form severance agreement and release violated Title...more

Hurry Up and Wait: Court Decision Gives No Substantive Guidance on the EEOC's Challenges to Standard Separation Agreement...

As we noted last month, a federal district court in Illinois announced it was dismissing a controversial lawsuit brought by the EEOC against a nationwide pharmacy chain challenging that employer’s separation agreement...more

EEOC Won’t Get its Prescription Filled at CVS: Case Challenging its Releases Granted Summary Judgment

On October 7th, a federal district judge granted summary judgment against the U.S. Equal Employment Opportunity Commission (EEOC) in its lawsuit against CVS. The EEOC had challenged the nation’s largest integrated provider of...more

Court Dismisses EEOC’s Attack on Severance Agreements, But Not on the Merits

The EEOC’s lawsuit against CVS, which alleged that the company’s severance agreements were impermissibly restrictive, has been dismissed, but not for the reasons employers would have hoped. EEOC v. CVS Pharmacy, Inc., No....more

Supreme Court Will Hear Three Employment Discrimination Cases

The United States Supreme Court held its traditional first of October meeting to determine which cases it will hear during the 2014-15 term. The Court has accepted three employment discrimination cases....more

Atchison Transportation to Pay $85,000 to Settle EEOC Age Discrimination Suit

Transportation Company Fired Older Drivers Because of Their Age, Federal Agency Charged - SPARTANBURG, S.C. - Spartanburg, S.C.-based Atchison Transportation Services, Inc., the largest full-service ground...more

Court Dismisses EEOC’s Controversial Severance Agreement Lawsuit

As we reported in February 2014, the U.S. Equal Employment Opportunity Commission sued CVS Pharmacy in federal court in Chicago on a novel theory that the company’s standard separation agreement unlawfully deterred departing...more

The Chicken Or The Egg?

You finally decided to take the long overdue disciplinary action. Jack has got to be disciplined. But just before you do, Jack, possibly sensing what’s about to happen, makes a complaint of harassment. This is the first...more

Fifth Circuit Reverses Summary Judgment in Favor of Franchisor Not Named in Charge of Discrimination

Names play an important role for an employee who, in filing a charge of discrimination, must satisfy Title VII’s naming requirement. This is because an employee who fails to properly name defendants in a charge of...more

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