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Proskauer - California Employment Law

January 2023 California Employment Law Notes

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Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus - Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023) - Joan Opara was terminated from her employment as an IRS revenue...more

Butler Snow LLP

Age is Just a Number: Tennessee Court of Appeals Highlights the Importance of Keeping Age Out of the Termination Equation

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The Tennessee Human Rights Act prohibits covered employers from discriminating against employees forty years old or older because of their age. In a recent case, the Tennessee Court of Appeals provided a reminder that other...more

Husch Blackwell LLP

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

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Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Dechert LLP

The U.S. Supreme Court Expands the Ministerial Exception

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On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

Payne & Fears

United States Supreme Court Clarifies the Scope of the Ministerial Exception

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In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more

Payne & Fears

Key California Employment Law Cases: November 2019

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Carroll v. City & Cnty. of S.F., 41 Cal. App. 5th 805, 254 Cal. Rptr. 3d 519 (2019) - Summary:  Each alleged reduction of monthly disability retirement benefit payments for discriminatory reasons was continuing violation...more

Genova Burns LLC

Third Circuit Permits Terminated Employee to Present Broad Comparisons to Others

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The Third Circuit’s recent decision in Andujar v. General Nutrition Corporation (GNC) should remind employers that termination of an employee based on poor performance should result from clear policies, and that personalized...more

Butler Snow LLP

6th Circuit Credits Documentation in Age Discrimination Case

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As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Manatt, Phelps & Phillips, LLP

Employment Law - June 2016 #2

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California Considers Extending Fair Pay Act to Race, Ethnicity - Why it matters - Reflecting the nationwide trend of pay equity, a new bill under consideration by California legislators would extend the state's Fair...more

McAfee & Taft

Appeals court rules no pretext found in ADEA discrimination case

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The Tenth Circuit recently ruled that pretext would not be found if an employer terminated an employee based on a genuine belief that the employee had violated company policy....more

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