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Third Circuit Plays the “Top Fifty” Hits, Allows ADEA Claim for Employees Fifty and Over

Seyfarth Synopsis: The Third Circuit has shaken up long-standing precedent and created a split among the circuits, such that now employers should not only evaluate its employment decisions for the effect on individuals over...more

Another Reason to Tread Carefully When Using Criminal Background Checks in Hiring Decisions

A recent consent decree between the U.S. Equal Employment Opportunity Commission (EEOC) and a southeastern Pennsylvania company is a reminder for employers to keep employment records regarding the use of criminal background...more

Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...more

“Believe It or Not” SDNY Grants Summary Judgment to Employer on Religious Accommodation Claim

Seyfarth Synopsis: The District Court of the Southern District of New York granted an employer’s motion for summary judgment on an employee’s failure to accommodate claims, holding that the plaintiff did not hold a bona fide...more

EEOC Issues Quality Practices Plan on Federal Sector Hearings, Appeals and Oversight Functions

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today published Federal Sector Quality Practices (FSQP) to address the quality of the agency's hearings and appeals in federal employee employment...more

No medical report means no accommodation

Although the Army Ammunition Depot is located in McAlester, it was a Muskogee federal court that upheld an employer’s right to require adequate medical support before granting an employee’s request their job be modified on...more

Retail Hospitality Newsletter - Late Fall 2016

Sudden cardiac arrest (“SCA”) is the largest cause of natural death in the United Statesand is responsible for approximately half of all heart disease deaths. SCA, however, is not a “heart attack” (i.e. an artery blockage)...more

Third Circuit Allows “Subgroup” Disparate-Impact Claims to Proceed Under The ADEA

Employers are well aware of the federal Age Discrimination in Employment Act (“ADEA”), which protects individuals over the age of forty, as well as its disparate-impact provision, which makes it unlawful for an employer to...more

Connecticut Supreme Court Rules No Punitive Damages Under the Connecticut Fair Employment Practices Act

The Connecticut Supreme Court recently set aside an award of statutory punitive damages in a disability discrimination case brought pursuant to Connecticut’s human rights law, the Connecticut Fair Employment Practices Act...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: updates on litigation in the Doe v. Nestle case; a private...more

New 'Digest of EEO Law' Issued by EEOC

Includes Selected Notable Federal Sector Decisions for Fiscal Year 2016 - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today announced the latest edition of its federal sector Digest of Equal...more

Fifth Circuit Rejects EEOC's Position on Punitive Damages for Age Discrimination

Last month, the Fifth Circuit Court of Appeals confirmed its earlier position that compensatory and punitive damages are not available to plaintiffs who allege violation of the Age Discrimination in Employment Act (ADEA)....more

No Means No – Judge Limits The EEOC’s Claims In Bass Pro Case (Again)

Seyfarth Synopsis: In the high-profile EEOC race discrimination litigation against Bass Pro, the Court denied the EEOC’s motion for a ruling that would have allowed it to include in its § 706 claims those individuals who had...more

N.Y. Appellate Court Scopes Out Liability: Using Criminal Convictions in Employment

Seyfarth Synopsis: The New York Court of Appeals’ ruling on questions regarding the use of criminal convictions in hiring will impact employers and may impact the background screening industry, the temporary staffing...more

Northern District of Texas Blocks Enforcement of the Non-Discrimination Regulations of the ACA

On December 31, 2016, the US District Court for the Northern District of Texas issued an opinion and order in Franciscan Alliance, Inc. et al v. Burwell, which preliminarily enjoins the US Department of Health and Human...more

Employee’s ADA and FMLA Claims Survive Summary Judgment After Leaving Work Early To Go To Hospital

In Knight v. Barry Callebaut USA Service Company, Inc., the United States District Court of the Eastern District of Pennsylvania denied an employer’s motion for summary judgment on claims brought by a terminated employee...more

Health Care Group News: Texas District Court Preliminarily Enjoins Partial Enforcement of Section 1557

In May of last year, the United States Department of Health and Human Services ("HHS") enacted regulations implementing Section 1557 of the Affordable Care Act. These regulations aimed to enhance language assistance and...more

Case Alleging That Hair Follicle Drug Testing Has Disparate Impact on African-Americans Allowed To Proceed

A municipal employer that conducted hair follicle drug testing on police officers was not entitled to summary judgment on a Title VII disparate impact claim, because a reasonable jury could conclude that an alternative to...more

Federal Judge Blocks Transgender Protections

On Saturday, December 31, 2016, a federal judge in Texas entered a nationwide preliminary injunction barring the enforcement of antidiscrimination protections pertaining to transgender and abortion health services and...more

DOJ Files Consent Order Against Union Savings Bank, Guardian Savings Bank

The U.S. Department of Justice (DOJ) has filed a consent order against Union Savings Bank and Guardian Savings Bank to resolve redlining allegations. The complaint alleges that the banks violated the Fair Housing Act (FHA)...more

Portions of Section 1557 of the Affordable Care Act Enjoined by Texas Federal Court – Majority of Regulation Remains Intact.

In May 2016, the Office of Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“DHHS”) issued a Final Rule implementing Section 1557 of the Affordable Care Act (“ACA”). Section 1557 prohibits “covered...more

Fifth Circuit Protects 40-Year-Old Case and Affirms ADEA Limits On Recoverable Damages

Seyfarth Synopsis: In a somewhat rare interlocutory appeal, the Fifth Circuit reviewed and reaffirmed a 40-year old case holding that emotional distress and punitive damages are not available under the ADEA. This decision...more

Kansas City Gives St. Louis A Run For The Money–Literally

St. Louis and Kansas City have long been cross-state baseball rivals. Who can forget the 1985 I-70 World Series? So it is hardly surprising that on the eve of St. Louis being named by the American Tort Reform Association...more

UPDATE: District Court Denies Preliminary Injunction in AARP Suit to Block Final Rules on Employee Wellness Programs

The U.S. District Court for the District of Columbia (Judge Bates) has denied AARP’s request to block the implementation of the EEOC’s final wellness regulations pending a decision on the merits. As we have discussed...more

Negligent Employers May Be Held Liable For a Non-Supervisory Employee’s Discriminatory Actions Under “Cat’s Paw” Theory Says...

The Second Circuit recently adopted the “Cat’s Paw” theory of liability in Title VII cases. This was hardly a surprise as other Circuit Courts had done the same after the United States Supreme Court endorsed Cat’s Paw in a...more

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