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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

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

Federal Court of Appeals Defers to OCR and Concludes Title IX Permits Transgender Students to Use Restrooms Based on Gender...

In a closely watched case, the federal Court of Appeals for the Fourth Circuit reversed a lower court decision and, in a 2-1 split opinion, held that, based on guidance from the federal Office for Civil Rights (OCR) within...more

Milpitas to Pay $140,000 to Settle EEOC Age Discrimination Suit

City Denied Qualified Applicants Employment Because of Age, Federal Agency Charged - SAN FRANCISCO - The City of Milpitas will pay $140,000 and provide other relief to settle an age discrimination lawsuit by the U.S....more

California Court Rules That Retailer Must Make Its Website Accessible For Users With Visual Disabilities Under the ADA

In a significant decision for all businesses that maintain an online presence, a California court recently ruled that a luggage retailer violated the Americans with Disabilities Act (“ADA”) and California state law by failing...more

New NC LGBT Legislation Eliminates All State Law Employment Discrimination Lawsuits

On March 23 following a one-day special session, the North Carolina General Assembly passed, and Governor McCrory signed HB 2, a bill that will have widespread effects on legal protections for employees in North Carolina. The...more

Settlement Agreements That are Silent Concerning Allocation of Costs Can Result in Costs Awarded to Plaintiff

Maureen DeSaulles v. Community Hospital of the Monterey Peninsula - Supreme Court (March 10, 2016) - In an action for alleged disability discrimination and related claims, the Supreme Court had to determine...more

U.S. Supreme Court Hears Oral Argument In EEOC v. CRST Van Expedited, Inc.

Yesterday the U.S. Supreme Court heard oral arguments in EEOC v. CRST Van Expedited, Inc. Involving the largest fee sanction award ever levied against the EEOC – nearly $4.7 million – EEOC v. CRST Van Expedited, Inc....more

Quick Hits: Persuader Rules, Class Action Lawsuits, Prevailing Party, E-mail Phishing

With Opening Day of baseball season nearly upon us, it’s time again to bring back a “Quick Hits” segment to recap a few noteworthy (but not completely post-worthy) employment law items you might have missed recently....more

Truckin’ To The Top Court: CRST Files Final Reply Brief Before Supreme Court Argument Against EEOC

In high-stakes litigation brought by the EEOC against trucking company CRST Van Expedited, Inc., (“CRST”), CRST recently submitted its final reply brief before the U.S. Supreme Court hears oral argument in the case later this...more

D.C. District Court Examines an Employer’s Burden to Prove a Failure to Mitigate Damages in an Employment Discrimination Action

As a general principle, an employee alleging employment discrimination has an affirmative obligation to mitigate his or her lost wages by making a good faith effort to secure alternative employment. The employer however,...more

A Quick Look at Merrick Garland's Labor and Employment Record

On March 15, 2016, President Barack Obama nominated Chief Judge Merrick Garland of the United States Court of Appeals for the District of Columbia Circuit to fill the vacancy on the Supreme Court of the United States created...more

EEOC Takes Sexual Orientation Discrimination to Federal Court

Employers should consider implementing anti-discrimination and anti-harassment policies in the workplace that include protections for employees based on their sexual orientation and gender identity and expression. On...more

The New York City Commission on Human Rights Doubles Penalties Collected in 2015

The New York City Commission on Human Rights (“NYCCHR”) recently announced that it collected $1.4 million in penalties in 2015, which is double the amount collected in 2014. Carmelyn P. Malalis joined the NYCCHR in February...more

Presence Health to Pay $500,000 To Conciliate EEOC Class Investigation

CHICAGO - Presence Health, the largest Catholic healthcare system in Illinois, has agreed to pay $500,000 to conciliate complaints filed with U.S. Equal Employment Opportunity Commission (EEOC) pursuant to the Americans with...more

AT&T Debe Pagar $250.000 y Ademas Reinstalar a un Empleado Para Transar Demanda de Discrimen por Discapacidad

Gigante de las telecomunicaciones removio a un empleado técnico con una discapacidad visual de sus labores, haciendo caso omiso de la petición de acomodo razonable, reclamo la agencia federal. SAN JUAN, Puerto Rico -...more

OFCCP Sues B&H for Alleged Discrimination

Last week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) filed an administrative lawsuit against B&H Foto & Electronics Corporation (“B&H”), a major New York-based electronics...more

Fired Employees Can’t Just Sue and Wait for a Payout

An employee who’s been laid off or fired and believes that it’s due to unlawful discrimination can’t simply sue and then sit around waiting for a payout from his or her former employer. Rather, the law requires that he or she...more

Judgment Day Dooms Employer: No New Trial In EEOC Case After Finding Of Failure To Accommodate Anti-Christ Fears

In EEOC v. Consol Energy, Inc., Case No. 13-CV-215 (N. D. W.Va. Feb. 9, 2015), the EEOC brought a religious discrimination suit on behalf of an employee against his coal mining employer defendants, parent company Consol...more

Dave & Buster’s faces FCRA class action for alleged background check violations

Joseph Alvarez filed a class action against Dave & Buster’s restaurant chain earlier this year in Florida alleging that it used background checks for employment decisions without providing a copy of the report to the...more

The battle between children’s right to privacy vs. publisher’s freedom of expression

In the battle between protecting children’s right to privacy and allowing publishers to exercise their freedom of expression, recent case law has seen children’s rights triumph....more

Spokeo Set to Resolve Lingering Questions Over Constitutional Standing

The parameters of Constitutional standing, which have been in flux for decades, are solidifying before our very eyes. In recent months the U.S. Supreme Court has confirmed that a litigant must have a “live dispute” at all...more

Employment Matters Monthly - February 2016

A Note from the Editors - If January was a harbinger of what's in store for 2016, it's sure to be a busy year for HR professionals and employment attorneys. And Employment Matters is certainly here to guide you along the...more

Are You Training Your Teachers on Trauma-Informed Practices?

The Compton Unified School District in California is currently defending itself in a unique federal court lawsuit brought by students who allege that by failing to properly address the symptoms of complex, personal trauma...more

Randstad Will Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Temporary Agency Refused Job to Laborer Because She Was in a Medically Supervised Drug Rehabilitation Program, Federal Agency Charged - BALTIMORE - Baltimore-based temporary labor agency Randstad, US, LP, will pay...more

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