News & Analysis as of

Americans with Disabilities Act (ADA) Title VII Adverse Employment Action

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Constangy, Brooks, Smith & Prophete, LLP

Everything you wanted to know about Pregnant Workers Fairness Act*

*And are sorry you asked. Last Friday, the Equal Employment Opportunity Commission published its final regulations on the Pregnant Workers Fairness Act. The regulations will take effect on June 18, just under a year since...more

Littler

Littler Lightbulb – August Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Fifth Circuit Expands Scope of Actionable Claims Under Title VII....more

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

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The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

McGlinchey Stafford

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on

Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more

Gould + Ratner LLP

EEOC Issues Guidance on Caregiver Discrimination Related to COVID-19

Gould + Ratner LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) issued a technical assistance document on March 14, detailing recommended best practices for employers managing workers with caregiver responsibilities. The guidance...more

Fisher Phillips

Stopping The Spread Of COVID-19 Hate Crimes In Reopened Restaurants

Fisher Phillips on

As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more

U.S. Equal Employment Opportunity Commission...

USAble Life Sued by EEOC For Retaliation

Insurance Company Fired Employee Over Her Discrimination Complaint, Federal Agency Charges - LITTLE ROCK, Ark. - USAble Life, an insurance company located in Little Rock, Ark., violated federal law when it fired an...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Medtronic for Disability Discrimination

Medical Device Manufacturer Fired Temporary Employee for Absences Related to Disability, Federal Agency Charges - Greenwood, S.C. - Medtronic, Inc., a Minneapolis-based company that develops and manufactures medical...more

FordHarrison

Tennessee Expands Potential Immunity to Emotional Distress Claims to Private Employers

FordHarrison on

Tennessee employers have a new defense against employees bringing workplace environment-related lawsuits. An amendment expanding Tennessee’s Healthy Workplace Act to include private employers went into effect on April 23,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Opinion Clarifies Definition of ‘Similarly Situated’ Comparators

On March 21, 2019, finding in favor of an employer seeking summary judgment, the U.S. Court of Appeals for the Eleventh Circuit, in Lewis v. City of Union City, clarified the definition of “similarly situated” comparators for...more

Hinshaw & Culbertson LLP

Uniform Application of Employment Policies Leads to Positive Outcome in Employee’s Suit

Hinshaw & Culbertson LLP on

The Seventh Circuit Court of Appeals recently explained that an employee’s inconvenience from a neutral workplace policy or the employer’s discretionary denial of benefits cannot support a claim under the Americans with...more

U.S. Equal Employment Opportunity Commission...

IXL Learning Sued by EEOC for Retaliation

Employee Fired for Posting About Discrimination on Glassdoor.com, Federal Agency Charges - SAN FRANCISCO - Educational technology company IXL Learning Inc. violated federal law when it retaliated against an employee for...more

Haight Brown & Bonesteel LLP

Employer’s Refusal To Allow Rescission of an Employee’s Voluntary Resignation Does Not Constitute Adverse Employment Action Under...

In Featherstone v. Southern California Permanente Medical Group, (No. B275225, filed 4/19/17), the California Court of Appeal for the Second Appellate District held absent evidence an employee’s resignation was coerced, an...more

Seyfarth Shaw LLP

Refusal to Rescind Employee’s Resignation Not an Adverse Employment Action

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal has held that an employer’s refusal to honor an employee’s rescission of a voluntary resignation is not an adverse employment action under the Fair Employment and Housing Act....more

Littler

EEOC Guidelines Provide a Confusing Roadmap to Investigating Retaliation Claims

Littler on

Employers have been warned time and time again – retaliation claims are on the rise.  With the number of these claims climbing, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Final Enforcement Guidance...more

Seyfarth Shaw LLP

The EEOC Issues New Enforcement Guidance On Retaliation

Seyfarth Shaw LLP on

Seyfarth Synopsis: For the first time since 1998, the EEOC has updated its enforcement guidance on retaliation claims brought under the various anti-discrimination laws the Commission is charged with enforcing. Observing...more

Seyfarth Shaw LLP

Causation In Federal Remedial Rights And Alternative Pleading

Seyfarth Shaw LLP on

Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...more

Manatt, Phelps & Phillips, LLP

Employment Law - September 2015

From the California Legislature: New Employment Laws, Bills Set for Signature: Why it matters - The California Legislature has been busy with employment-related bills, passing measures to provide additional...more

Constangy, Brooks, Smith & Prophete, LLP

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

Burr & Forman

2014's Hottest Employment Rulings Affecting Southeastern Employers

Burr & Forman on

2014 saw a wide range of employment issues presented before the 11th Circuit. This article seeks to highlight some of the more frequently cited 11th Circuit opinions from last year. The updates below, although not earth...more

Littler

Employer Mandated Wellness Initiatives. The Continuum from Voluntary to Mandatory Plans

Littler on

A year after Littler first examined how far an employer can go toward mandating wellness in the workplace, this 2008 Littler Report examines where we are a year later. As the leading source of medical insurance,...more

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