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What GCs Need to Know About Reductions in Force

Reductions in force (“RIFs”) are group terminations, usually driven by the financial condition or business needs of the employer. An employer’s General Counsel, even though responsible for protecting the employer from legal...more

NY Transit Agencies Escape Vicarious Liability for Contractors Alleged Discrimination

It is not uncommon for companies to contract their daily business operations to third-party companies. In Motta et al v. Global Contact Services, Inc., the court addressed whether such relationships relieve the outsourcing...more

Employee’s Inability to Meet Job’s Attendance Requirements Divests her of ADA Protections Sixth Circuit Holds

The converging paths of the Family Medical Leave Act’s (FMLA) and the Americans with Disabilities Act (ADA) ranks among the most difficult legal issues for employers to safely traverse. Employers should think twice before...more

California’s New Guidance & FAQs for Employers of Transgender Employees

On February 17, 2016, the California Department of Fair Employment and Housing (DFEH) announced that it was issuing a guidance on how to comply with the Fair Employment and Housing Act (FEHA), which was geared toward...more

Achiote Restaurant To Pay $27,500 To Settle EEOC Male-On-Male Sexual Harassment / Retaliation Suit

Several Young Mexican-American Males Secretly Videotaped in Men's Room, Federal Agency Charged - SAN DIEGO - A San Ysidro, Calif., restaurant will pay $27,500 and furnish remedial relief to settle a male-on-male class...more

Recordkeeping Non-Compliance Will Cost You—the EEOC Settles its Sex Discrimination Case Against Coca-Cola Bottling of Mobile

We posted in October 2015 about the EEOC filing suit against Coca-Cola Bottling of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The complaint alleged that in June 2010 Martina...more

Lawler Foods to Pay over $1 Million to Settle EEOC Race and National Origin Discrimination Suit

Bakery Refused to Hire Applicants Based on Their Race/National Origin, Federal Agency Alleged - HOUSTON - A large local bakery will pay $1,042,000 as part of the settlement of a class race and national origin...more

California Supreme Court Enforces Arbitration Agreement, Finding It Is Not Unconscionable

In this case, a former employee of a retail store appealed to the California Supreme Court seeking reversal of an appellate court decision which found that an arbitration agreement in her employment application was not...more

Claims to Accommodate Flying Spaghetti Monster-ism Hit the Wall in Nebraska Court

On April 12, 2016, a district court in Nebraska rejected the religious accommodation claims advanced by a member of the Church of the Flying Spaghetti Monster.1 In denying the religious accommodation claims, the court was...more

Court of Appeal Clarifies the FEHA Requires Reasonable Accommodations to Employees Who Are Associated With a Person with a...

In the recent Castro-Ramirez v. Dependable Highway Express, Inc. decision, the court held that under the California's Fair Employment and Housing Act ("FEHA"), employers are required to provide reasonable accommodations for...more

Still Cookin’ In California Court: Bakery Employer Survives EEOC Motion For Summary Judgment

In what has become an oft-used recipe in the EEOC cookbook of Title VII retaliation litigation, the government has once again utilized the strategy of taking an employer’s deposition and thereafter moving for summary...more

Yes, Attorneys Too Can Blow the Whistle: But When and How Hard?

According to the United States Securities and Exchange Commission (“SEC” or the “Agency”), an attorney – or any individual, for that matter – should not have to first report misconduct to the SEC to fall under the protections...more

Is Obesity a Disability Under the ADA Not Without Physical Impairment Eighth Circuit Rules

Obesity does not meet the definition of a “disability” under the Americans with Disabilities Act (ADA) for either the discrimination or “regarded as” provisions of the statute, a panel of the Eighth Circuit Court of Appeals...more

Supreme Court Seeks Meaning in Falsity and Fraud in the False Claims Act

Oral arguments were heard Tuesday, April 19th by the U.S. Supreme Court in one of the most significant False Claims Act (FCA) cases the Court has dealt with in decades on an issue with very real impact on whistleblower suits...more

Un-Mixing The Mixed-Motive Standard

Seyfarth Synopsis. The Eleventh Circuit clarifies the framework in mixed-motive cases. Although damages are limited, a plaintiff can establish a mixed-motive claim by showing a protected characteristic was a motivating factor...more

California FEHA Forecast: Evidence of Pretext Required in Anti-SLAPP Case Against TV Stations

On January 19, 2016, a California Court of Appeal issued an unpublished decision in Hunter v. CBS Broadcasting, Inc. The case was brought by Kyle Hunter, who filed an employment discrimination complaint, claiming that two...more

Connection to Someone With a Disability is Nearly Identical to an Actual Disability

As disability discrimination and accommodation claims continue to rise across the country, an appellate court in California may have just helped significantly expand such claims in the future by finding that an employee can...more

Burr Alert: Workplace Violence: Reducing the Risk of Civil Liability

An estimated 2 million American workers are victims of workplace violence each year, costing businesses billions of dollars per year in impaired productivity, employee turnover, security measures, and legal costs. More and...more

Fifth Circuit Rejects EEOC's Position on Reasonable Belief Standard for Reactive Retaliation Claims

In 2009’s Crawford decision, the U.S. Supreme Court concluded that an employee who participates in an employer’s harassment or discrimination investigation as a third-party witness, falls within federal anti-retaliation...more

Nursing Manager, Removed from Patient Case, Seeks Supreme Court Review in Discrimination Case

Petitioner to the Supreme Court claims that the Sixth Circuit engaged in a “separate but equal” rationale when it rejected her claim that her employer discriminated against her based on race after the employer allegedly...more

Government Outlines Key Labor and Employment Initiatives

Representatives of the Equal Employment Opportunity Commission (EEOC), as well as the Department of Labor and the Department of Justice (DOJ), participated in an American Bar Association Equal Opportunity Law conference in...more

Morbid Obesity Must Have Physiological Cause to Gain ADA Protection

Since the Americans with Disabilities Act was adopted, the Equal Employment Opportunity Commission has considered morbid obesity to fall within the definition of a protected disability. Earlier this month, the Eighth Circuit...more

Court Limits Human Rights Tribunal Jurisdiction to Address Discrimination Claims from Persons not in Position of Power

The Court of Appeal for British Columbia (Court of Appeal) recently concluded in Schrenk v. British Columbia (Human Rights Tribunal) (Schrenk) that the British Columbia Human Rights Tribunal’s (Tribunal) jurisdiction does not...more

Dismissal Denied For Discussing Disability: EEOC Case Against Employer Survives

Anti-discrimination laws command that “thou shall not retaliate…” The recent ruling in EEOC v. Day & Zimmerman NPS, Inc., Case No. 15-CV-01416 (D. Conn Apr. 12, 2016), is a case study in how employers can be taken to task for...more

The California Edition of the Employment & Labor Newsletter

Take a Seat! California Supreme Court Provides Clarity on California’s Suitable Seating Laws - A recent ruling by the California Supreme Court on suitable workplace seating arrangements will affect a vast number of...more

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