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Appeals Discrimination

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Schwabe, Williamson & Wyatt PC

Bruckner Lawsuit Dismissed and Denied Motion for a Preliminary Injunction ‎

As we have detailed before, Christian Bruckner and his company, Project Management Corporation, sued the federal government in Florida claiming that the Infrastructure Investment and Jobs Act’s earmarked 10%—of its...more

Conyers

The English Arbitration Act Consultation Paper: A BVI Lens

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On 22 September 2022, the Law Commission published a consultation paper (the “Consultation Paper”) on the English Arbitration Act 1996 (the “English Arbitration Act”) which included a number of significant provisional...more

King & Spalding

UK launches review of the Arbitration Act 1996 to ensure a ‘state of the art’ system

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Last week, the Law Commission published a consultation paper regarding the Arbitration Act 1996 (the “Act”), which is the key piece of legislation that regulates arbitration in England and Wales. The consultation paper starts...more

Sheppard Mullin Richter & Hampton LLP

Buyer Beware: Tenth Circuit Issues Decision Emphasizing Critical Need for Employment Diligence

A recent decision from the Tenth Circuit Court of Appeals highlights some of the pitfalls of entering into commercial transactions without conducting thorough employment diligence – even in the asset purchase context....more

Bradley Arant Boult Cummings LLP

Did We Hear That Right? NLRB Holds Discipline for ‘Whore Board’ Graffiti Is Improper

An employee writes “whore board” on a company bulletin board — you can fire him, right? Not according to the NLRB and now the federal D.C. Circuit Court of Appeals. In Constellium Rolled Products v. NLRB, the employer’s...more

Bradley Arant Boult Cummings LLP

2nd Circ. Title VII Ruling Guides On Joint Employer Doctrine

The joint employer rule has been a hot topic in the last several years, mostly in the context of the Fair Labor Standards Act. Recall the drama of the Trump administration's narrower definition of a joint employer for...more

Genova Burns LLC

Whose Burden is it Anyway? NJ Appellate Division Holds Employee Fails to Meet the Burden of Persuasion of Showing Discriminatory...

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Despite surviving summary judgment, securing a favorable verdict at the second trial, and being awarded counsel fees, Plaintiff’s gender discrimination case was abruptly dismissed by the Appellate Division. On January 3,...more

Steptoe & Johnson PLLC

Eighth Circuit Affirms Decision Overturning University’s “Deregistration” of Religious Groups

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In a decision of significance for campuses across the country, the U.S. Court of Appeals for the Eighth Circuit upheld a trial court ruling overturning the University of Iowa’s “deregistration” of a campus Christian group,...more

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

Texas Supreme Court Issues Two Key Pro-Arbitration Decisions

Arbitration agreements are intended to expedite the legal process while minimizing fees and costs. In reality, former employees and their counsel often resist submitting their employment claims to arbitration, resulting in...more

Dechert LLP

Subordination Agreement Ignored in a Cramdown — But What’s So Unfair About That?

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Recently, in In re Tribune Company, the Third Circuit affirmed that the Bankruptcy Code means exactly what it says and that the enforcement of subordination agreements can be abridged when cramming down confirmation of a...more

Butler Snow LLP

Sixth Circuit Court of Appeals Provides Guidance as to When Increased Scrutiny May Show Unlawful Retaliation

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Federal law (as well as many states’ law) forbids an employer from retaliating against an employee who engages in protected activity, such as complaining of unlawful discrimination. One way that many employees seek to...more

McDermott Will & Emery

Examining Lebamoff Enterprises v. Whitmer

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The US Court of Appeals for the Sixth Circuit’s recent decision in Lebamoff Enterprises v. Whitmer upheld Michigan laws permitting direct-to-consumer shipping by in-state alcohol beverage retailers but prohibiting such...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Comcast Corporation v. National Association of African American-Owned Media

On March 23, 2020, the U.S. Supreme Court decided Comcast Corporation v. National Association of African American-Owned Media, No. 18-1171, holding that the but-for causation standard applies to claims of racial...more

Best Best & Krieger LLP

New 2020 Labor & Employment Laws for Public Agencies

Shauna Amon Writes About Public Employer New Laws in PublicCEO - California and federal courts, along with the state’s Public Employer Relations Board, handed down a number of decisions last year that will impact public...more

Bilzin Sumberg

Eleventh Circuit Holds that a Guarantor Lacks Standing Under the Equal Credit Opportunity Act

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Late last month, the U.S. Court of Appeals for the Eleventh Circuit held in Regions Bank v. Legal Outsource PA, No. 17-11736, 2019 WL 4051703 (11th Cir. Aug 28, 2019), that a loan guarantor does not qualify as an “applicant”...more

Polsinelli

No Vaccine? No Job! Court Affirms Employer’s Ability to Condition Employment Upon Vaccinations

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On December 7, 2018, the U.S. Eighth Circuit Court of Appeals held that an employee who was terminated for refusing to take a rubella vaccine was not discriminated or retaliated against, under the Americans with Disabilities...more

Best Best & Krieger LLP

Speech Is Speech And It’s Protected - Tori Hester Analyzes Ninth Circuit First Amendment Ruling For Public Agencies In PublicCEO

A recent decision from the Ninth Circuit U.S. Court of Appeals offers a key reminder for public agencies: Even within a nonpublic forum, an individual’s and/or community’s Constitutionally protected freedom of speech cannot...more

Rosenberg Martin Greenberg LLP

What to Know About Wayfair and Its Impact on Maryland Sales Tax Audits

Earlier this year, the Supreme Court decided on the much-anticipated case of South Dakota v. Wayfair, 585 U.S. ___, 138 S.Ct. 2080 (2018). At issue was the validity of a statute applying sales tax to internet retailers that...more

Parker Poe Adams & Bernstein LLP

U.S. Justice Department Argues Against EEOC Position Protecting Transgender People

Earlier this year, the Equal Employment Opportunity Commission persuaded the Sixth Circuit Court of Appeals that a funeral home’s termination of a transgender employee violated Title VII’s prohibition against sex...more

Seyfarth Shaw LLP

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

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Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more

Miles & Stockbridge P.C.

Take My [Wife/Husband/Spouse], Please...Protection from Marital Status Discrimination Expanded In New and Surprising Ways

For better or worse, when your parents disapprove of the person you’ve chosen to marry, there’s not much recourse in the law (although some might call your parents’ attitude a form of intentional infliction of emotional...more

Genova Burns LLC

No Roman Holiday: New Jersey Appellate Division Says Employees Must Submit Sexual-Harassment and Discrimination Claims to...

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August 23, 2018 was a busy day for the New Jersey Appellate Division on the arbitration front when it issued two opinions effectively upholding the enforceability of arbitration agreements. Both cases involved...more

Fisher Phillips

State Appeals Court Expands Scope Of NYC’s Marital Status Discrimination Law

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The scope of New York City’s marital status discrimination law was just expanded by a state appeals court, meaning that employers need to be even more wary when it comes to any workplace decisions taken on the basis of who...more

Parker Poe Adams & Bernstein LLP

Tenth Circuit Allows Discrimination Claim to Proceed Despite No EEOC Charge

Plaintiffs who want to file lawsuits alleging discrimination under federal civil rights laws such as Title VII must first file an administrative charge with the Equal Employment Opportunity Commission before proceeding to...more

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