DE Under 3: Title VII Actionable Adverse Employment Actions Not Limited to Only “Ultimate” Employment Decisions
DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
#WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation - Employment Law This Week®
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
Managing the Size and Structure of Your Post-Pandemic Workforce
Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]
Workplace Violence Rises During COVID-19 - Employment Law This Week®
Social Media + Employees = Hot Mess
Warning Signs that Signal You Might be Terminated from Your Job
The Basics of Michigan’s Social Media Password Law & Why It Isn’t Such a Great Idea
Plaintiff, a white man, was a strong performer in his role before he was fired and replaced by three women, two of whom were racial minorities, amid a Diversity and Inclusion initiative that included a call to restructure the...more
A federal court in New York has held that a Broadway musical’s casting decisions—specifically replacing one actor with another actor of a different race—are shielded by the First Amendment from employment discrimination...more
On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more
The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases. On December 12,...more
On October 11, 2023, the Fifth Circuit issued the first decision applying its broadened standard for Title VII claims in Narayanann v. Midwestern State University. The unanimous three judge panel ruled that a Malaysian...more
The EEOC has filed suit in federal court against a home care provider, alleging it unlawfully discriminated against employees when it changed their work assignments to accommodate client preferences. The suit alleges the...more
In 2021, in Duvall v. Novant Health, a North Carolina jury awarded a former white Novant Health executive over $3 million dollars in actual damages based on race discrimination allegations centering around assertions that...more
Under the “stray remarks” doctrine, courts can conclude that an employer’s expressions of frustration, or comments by a manager not involved in an adverse employment decision, are not persuasive evidence of...more
On July 26, 2022, Massachusetts Governor Charlie Baker signed the Creating a Respectful and Open World for Natural Hair ("CROWN") Act, prohibiting discrimination against employees and students on the basis of natural...more
S.G. v. Norristown Area S.D., No. 20-1682, 2021WL 6063122 (E.D. Pa. Dec. 22, 2021) (Federal court allowed a discrimination claim of part-time teacher to proceed arising from a school district’s practice of hiring internal...more
In this episode of DE Under 3, resident expert John Fox shares first-hand experience with the recent appellate court’s reversal of the 2019 Enterprise Rent-a-Car discrimination trial decision, and Candee shares updates on...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more
Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in...more
Section 1981 of the Civil Rights Act of 1866 prohibits discrimination on the basis of race in the making of contracts, including employment contracts. Section 1981 is often used by employees suing for race discrimination as...more
Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2019. Notably, the statistics indicate that 2019 saw the lowest number of charges filed in over 20 years, though there...more
On May 6, 2019, the U.S. District Court for the Eastern District of New York denied summary judgment on a Family and Medical Leave Act (FMLA) retaliatory transfer claim. The court found that the employer’s explanation for...more
Last month, the en banc Eleventh Circuit clarified the appropriate standard for analyzing “similarly situated” comparator evidence in Title VII intentional-discrimination cases. Lewis v. City of Union City, Ga., --- F.3d...more
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
The New York City Commission on Human Rights (NYCCHR) released enforcement guidance on Monday, February 18, 2019, defining discrimination based on natural hair and hairstyles as a subset of race discrimination....more
In February 2019, the New York Commission on Human Rights (the “Commission”) issued guidance regarding employment discrimination based upon natural hair or hairstyles. ...more
On January 29, 2019, the Massachusetts Supreme Judicial Court (SJC) ruled in Yee v. Mass. State Police that an employer’s denial of an employee’s request for a lateral transfer that would have no impact on the employee’s base...more
Seyfarth Synopsis: Although an employee can prove discrimination by showing that an employer’s reasons for adverse action are pretextual, the Eleventh Circuit finds that an employee must do more than merely contest the...more
The Fifth Circuit recently affirmed the granting of summary judgment to an employer dismissing a Title VII race discrimination claim. In Stroy v. Gibson, an African American primary care physician employed by the Department...more
Title VII of the Civil Rights Act of 1964 prohibits not only discrimination in employment on the basis of certain protected categories such as race, but also retaliation against an employee who opposes such discrimination....more