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Read Civil Rights updates, alerts, news, and legal commentary from leading lawyers and law firms:

A Shocker from the Heartland: A Long Term Leave of Absence is NOT A Reasonable Accommodation Under the ADA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit sent shockwaves through the EEOC and through the employer community by concluding that multi-month leaves of absence, even those that are definite in term and sought in advance, are not...more

Franchisor's Racial Animus Is Irrelevant in Determining Legality of Franchise Termination Under NJ Franchise Practices Act

by Pepper Hamilton LLP on

In a recent win for franchisor 7-Eleven, Inc., the U.S. Court of Appeals for the Third Circuit upheld a New Jersey district court’s ruling that 7-Eleven properly terminated its franchise agreements for cause based on the...more

ADA Does Not Require Employers to Provide Multi-Month Leave Beyond Expiration of FMLA Leave – Seventh Circuit

by Bryan Cave on

This week the 7th Circuit Court of Appeals issued a decision helpful to employers grappling with whether they must extend an employee’s time off following the expiration of Family and Medical Leave Act (FMLA) leave as a...more

Employment Law - September 2017

More Obama-Era Policies—Pay Data Collection, Overtime Rule—Fall - Why it matters - Continuing the rollback of Obama-era policies, the Equal Employment Opportunity Commission (EEOC) hit pause on the collection of...more

No Hablas Español… No Tiene Un Trabajo: The EEOC’s Battle Against Non-Hispanic Discrimination

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC has filed a class action against an employer on behalf of “non-Hispanic job applicants,” alleging that the employer’s practice of only hiring Spanish-speaking applicants, and policy of using...more

Blocked Shot? Employer Runs into Religious Issues with Mandatory Flu Vaccines

If you require your employees to get a flu shot, what do you do with the ones who refuse on religious grounds? As with so much in employment law, it depends. In Equal Employment Opportunity Commission v. Mission Hospital, a...more

Employment News - September 2017 #2

by Hogan Lovells on

Uplifting – injury to feelings compensation must be increased by 10% - After a number of conflicting decisions in the EAT, the Court of Appeal has confirmed that injury to feelings discrimination compensation awarded in...more

Back to the Drawing Board for EEOC Wellness Program Rules

by Genova Burns LLC on

On August 22 the U.S. District Court in D.C. granted summary judgment to the AARP which challenged the EEOC’s rules governing employer wellness programs. The rules allow an employer to offer or impose on an employee financial...more

N.D.N.Y. Refuses to Dismiss Dodd-Frank Whistleblower Claim

The Northern District of New York recently denied a Rule 12(b)(6) motion to dismiss a former employee’s Dodd-Frank whistleblower retaliation claim, finding that the plaintiff sufficiently alleged that he had an objectively...more

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

Spoliation And The Dangers Of Failing To Preserve Evidence

by SmithAmundsen LLC on

In a case pending in the U.S. District Court for the Southern District of Florida, Equal Employment Opportunity Commission v. GMRI Inc., the EEOC recently argued that a restaurant chain acted in bad faith, and should be...more

Employers Take Note: Seventh Circuit Widens Scope of EEOC's Right to Investigate

by Baker Donelson on

Earlier this month, in EEOC v. Union Pacific Railroad, No. 15-3452, F.3d (7th Cir. Aug. 15, 2017), the Seventh Circuit issued a decision regarding the scope of the EEOC's right to investigate. It determined that neither the...more

District Court Permits Transgender Person Diagnosed With Gender Dysphoria to Sue Under Americans With Disabilities Act

by Tucker Arensberg, P.C. on

Blatt v. Cabela’s Retail, Inc., No. 5:14-CV-04822, 2017 WL 2178123, at *2 (E.D. Pa. May 18, 2017). District Court for the Eastern District of Pennsylvania denies employer’s motion to dismiss failure to accommodate 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

Employment News - September 2017

by Hogan Lovells on

Don’t look now – European Court decides monitoring employee's email account did breach privacy right - In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more

Contractual Restrictions Against Forum Shopping May Be Illegal

by Clark Hill PLC on

Many collective bargaining agreements restrict employees from pursuing the same complaint in multiple forums. For example, if an employee files a grievance over an employment issue but then files a complaint or charge of...more

Virginia Supreme Court Opinions Affecting Local Government Law: December 2016 and March, April, June, and August 2017

by Sands Anderson PC on

Happy Fall! The Virginia Supreme Court issued a number of opinions since my last update affecting local government law. Its work resulted in opinions addressing...more

Not Giving Employees Something (Namely a Discrimination Complaint) To Talk About

by Shipman & Goodwin LLP on

There’s an old(?) Bonnie Raitt song that my parents used to listen to when I was in college called “Let’s Give Them Something to Talk About”. It’s about a crush, but the intro could be just as applicable to a new court...more

JL Schwieters Construction to Pay $125,000 To Settle EEOC Race Harassment Lawsuit

Company Subjected Black Employees to Noose, Threats and Racial Slurs, Federal Agency Charged - MINNEAPOLIS - A Hugo, Minn., construction company will pay $125,000 to settle a racial harassment lawsuit filed by the U.S....more

Spousal Jealously Provides Grounds For Discrimination Claim

by Jackson Lewis P.C. on

In a decision of apparent first impression in New York, an appellate court has ruled that the sexual jealousy of an employer’s spouse may be considered gender discrimination under New York State and New York City law (Edwards...more

The Not-So-Elusive 12(b)(6) Dismissal: Fifth Circuit Shoots Down Retaliation Claim Based on Single Text Message

The Fifth Circuit Court of Appeals recently affirmed the dismissal of a Title VII retaliation claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim where the plaintiff premised her...more

Honesty Is the Best Policy . . . Until It Isn’t – Employer Denied Summary Judgment After Distributing Letter About Former...

How much should you tell your employees about a pending charge of discrimination from a former employee? Should you let them know that the EEOC might contact them? Is complete honesty really the best policy? Maybe not,...more

Third Circuit Says No Section 1983 Claim Under ADA Or Title VII

by DeWitt Law, LLC on

In Williams v. Pennsylvania Human Relations Commission, No. 16-4383. 2017 U.S. App. LEXIS 16618 (3rd Cir. Aug. 30, 2017), the Third Circuit joined all the other circuits that have visited the issue and ruled that alleged...more

No Trial Needed: Ninth Circuit Confirms Summary Judgment Appropriate Where Discrimination Plaintiff Can’t Rebut Legitimate...

Employers faced with discrimination claims must determine if summary judgment is a viable means to dispose of those claims. A recent Ninth Circuit decision provides some additional ammunition for employers moving for summary...more

Too Cute To Work?

In New York, if you’re fired for being too cute, your boss may be guilty of gender discrimination. In a case where it sounds like we are hearing only half of the story, a yoga and massage therapist claimed that her...more

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