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Jury Awards Over $31 Million To Former Wal-Mart Employee—But Wal-Mart Probably Won’t Have To Pay Most Of It

McPadden v. WalMart Stores East, L.P., No. 14-cv-475, awarded more than $31 million to a former Wal-Mart employee who had worked for the company as a pharmacist. The plaintiff sued for discrimination and retaliation after...more

Refusing to Attend a Fitness-For-Duty Exam May Not Be Grounds For Termination under the ADA

On January 25, 2016, the New Jersey Appellate Division clarified the requirements set forth by the Americans with Disabilities Act (ADA) and the related guidance issued by the U.S. Equal Employment Opportunity Commission...more

Employment Practices Newsletter - February 2016

In New Guidance, DOL Gets Aggressive on “Joint Employment” - By issuing a new interpretative document in January, the U.S. Department of Labor’s Wage and Hour Division attempted to clarify the concept of “joint...more

Briefing For The Big Bucks: CRST Asks U.S. Supreme Court For Attorneys’ Fees From The EEOC

EEOC v. CRST Van Expedited, Inc. is a key case for all employers. We have been tracking the developments in this case since its inception. Now it has reached the U.S. Supreme Court on the issue of whether attorneys’...more

Labor and Employment News: Retaliation Claims Are Difficult to Defend: Redux

A few weeks ago, we reported on a retaliation judgment in U.S. District Court, Connecticut, Summerlin v. Almost Family, Inc. ("Retaliation Claims Difficult to Defend"). The retaliation case discussed below did not cost the...more

NHC Healthcare/Clinton, LLC will Pay $50,000 to Settle EEOC Pregnancy and Disability Discrimination Lawsuit

Nursing Center Failed to Provide Pregnant Employee with a Reasonable Accommodation and Subsequently Fired Her, Federal Agency Charged - GREENVILLE, S.C. - NHC Healthcare/Clinton, LLC, a licensed nursing center that...more

Retaliation Encyclopedia

The EEOC just released proposed enforcement guidance on retaliation, and at 73 pages, it has everything you ever wanted to know on the topic. This is the first time since 1998 that the EEOC has updated its guidance on this...more

Deluxe Financial to Settle Sex Discrimination Suit on Behalf of Transgender Employee

Company to Pay $115,000 and Change its Practices Following EEOC Lawsuit - PAUL, Minn. - Deluxe Financial Services Corp. (Deluxe), a Shoreview, Minn.-based check-printing and financial services corporation, has agreed to...more

Rhino Energy WV Will Pay $62,500 to Settle EEOC National Origin Discrimination and Retaliation Suit

Mining Company Fired Polish-American Foreman Because He Complained About Slurs and Graffiti, Federal Agency Charged - BECKLEY, W.V. - Rhino Energy WV LLC will pay $62,500 and furnish significant relief to resolve a...more

Employment Law - January 2016

Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more

Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Joy Mining Machinery Settles EEOC Genetic Information Non-Discrimination Act Lawsuit

Mining Equipment Manufacturer Will Refrain From Requesting, Requiring or Purchasing Genetic Information - PITTSBURGH - Joy Underground Mining, LLC, trading as Joy Mining Machinery, will provide significant relief to...more

T.J. Simers $7.1 Million Discrimination Verdict: Easy Come, Easy Go?

Former sports columnist T.J. Simers sued the Los Angeles Times for age and disability discrimination, among other things, when he quit his job in 2013. The Times had allegedly demoted him (although with no cut in his salary...more

Hearn-Kirkwood Will Pay $63,500 to Resolve EEOC Pay Discrimination and Retaliation Lawsuit

Food Service Distributor Unlawfully Disciplined and Later Fired Female Worker Who Complained about Unequal Wages, Federal Agency Charged - BALTIMORE -Gilbert Foods LLC, trading as Hearn-Kirkwood, a food service...more

Tepro, Inc. To Pay $600,000 to Settle EEOC Age Discrimination Suit

Company Laid Off Older Employees Based on Their Age, Federal Agency Charged - CHATTANOOGA, Tenn. - Tepro, Inc., a manufacturer of rubber products for the automotive industry, will pay $600,000 and provide other relief to...more

Mobile Apps Like Uber and Airbnb Raise Novel ADA Title III Issues

Last week, Buzzfeed reported that the United Spinal Association opposed Uber’s CEO’s nomination for Time Magazine’s Man of the Year award because Uber cars are allegedly not wheelchair accessible. This controversy raises an...more

Supreme Court To Review CRST Attorneys’ Fee Award Against EEOC

The U.S. Supreme Court agreed last Friday to review a decision from the U.S. Court of Appeals for the Eighth Circuit, which vacated a multi-million attorneys’ fee award for trucking company CRST Van Expedited, Inc. The Equal...more

SCOTUS Benchslap For EEOC On the Way?

In EEOC Silent on Sanctions (August 2013), we reported on CRST Van Expedited, in which a federal district court awarded an employer $4.69 million in attorneys’ fees against the EEOC for the agency’s mishandling of a supposed...more

Beverage Distributors Company to Pay $160,000 to Settle EEOC Disability Lawsuit

Company Refused to Hire Applicant Because of Eye Impairment, Federal Agency Charged - DENVER - Beverage Distributors Company, a wholesale liquor distribution company in Colorado, will pay $160,000 and furnish other...more

Mayflower Seafood of Goldsboro, Inc. Sued By EEOC for Sexual Harassment and Retaliation

Female Employee Subjected to Unwanted Sexual Touching, Comments by Male Employees, Then Reduced Work Hours for Complaining About Harassment, Federal Agency Charges - RALEIGH, N.C. - Mayflower Seafood of Goldsboro, Inc.,...more

New York Employers Should Be Aware of Laws Protecting Employees Who Are Victims of Domestic Violence

This article, reporting on a significant settlement of a claim of wrongful termination of an employee who was a victim of domestic violence, should serve as a reminder for all New York employers. As reported by the New York...more

Female Laundry Workers Receive $582,000 in Settlement of EEOC Sexual Harassment Case

Victory for Latina Immigrant Workers Who Were Harassed by Supervisor - NEW YORK - Suffolk Laundry Services, Inc. will pay $582,000 to eight former employees to settle a sexual harassment lawsuit brought by the U.S. Equal...more

Everything You Need to Know About New York's New FCA Guidance

As we previously reported, New York City’s Fair Chance Act (FCA) went into effect on October 27, 2015. On November 5, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued long-anticipated guidance...more

Pactiv to Pay $1.7 Million to Settle EEOC Disability Discrimination Class Investigation

CHICAGO - Pactiv LLC, an Illinois-based provider of advanced packing solutions to customers around the world, will pay $1,700,000 to conciliate a disability discrimination charge filed with the U.S. Equal Employment...more

Harassing Comments Are No Joke: Employer Ordered to Pay Employee $7,500

Mohamud v. Canadian Dewatering (2006) Ltd., 2015 AHRC 16, is a recent decision of the Alberta Human Rights Commission. This decision demonstrates the type of workplace harassment that creates a poisoned workplace and is a...more

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