The Third Circuit Court of Appeals recently held that an employer can be liable for its predecessor’s violations of the Fair Labor Standards Act. Thompson v. Real Estate Mortgage Network, No. 12-3828 (3d Cir. Apr. 4, 2014)....more
In Equal Employment Opportunity Commission ("EEOC") v. Kaplan Higher Education Corp., No. 13-3408 (6th Cir. Apr. 9, 2014), the U.S. Court of Appeals for the Sixth Circuit affirmed the award of summary judgment against the...more
You may have heard the term “summary judgment.” It means that if the facts of a case are so clear that only one outcome is possible at trial, a court will forgo a trial and decide the case. This process ensures that resources...more
I had the great pleasure today of attending the Alabama Appleseed Brewer-Torbert Awards Luncheon. What an inspiring event!
This year's award was presented to Fred Gray, a legendary civil rights attorney and icon. Mr....more
This is the seventh and last of a seven-part series describing "Hot Employment Topics for 2014." Part VII focuses upon "Same-Sex Workplace Harassment."
The United States Court of Appeals for the Fifth Circuit recently...more
In March, 2014, three powerful business groups urged the U.S. Supreme Court to consider an important issue at stake for employers in Mach Mining LLC v. Equal Employment Opportunity Commission—can courts review the adequacy of...more
Employers involved in litigation under Title VII and related federal civil rights laws understand that a prevailing plaintiff is entitled to collect his or her attorneys’ fees. These employers may not be aware that in more...more
Unlike people, not all schools are created equal.
Anyone who doubts that need only review the results of the Civil Rights Data Collection [“CRDC”] for the 2011-2012 school year, which were released on March 21, 2014 by...more
The U.S. District Court for the District of Rhode Island recently considered the application of Title VII of the Civil Rights Act of 1964 and the Rhode Island Fair Employment Practices Act (FEPA) in the context of an alleged...more
New Substantive Uses of Title VII -
Sexual Orientation And Gender Identity:
..Issue: Whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity.
The U.S. Equal Employment Opportunity Commission (“EEOC”) received 3,721 charges alleging religious discrimination in fiscal year 2013. In partial response to these charges, earlier this month, the EEOC issued new technical...more
Religious discrimination charges filed with the EEOC have increased over the years, rising to 3,721 private sector discrimination charges in fiscal year 2013. An EEOC religious discrimination charge resulted in the United...more
On March 6, 2014, in an effort to answer questions about how federal employment discrimination law applies to religious dress and grooming practices, the U.S. Equal Employment Opportunity Commission (EEOC) issued a...more
What is not alleged in a lawsuit can, paradoxically, sometimes serve as more of a cautionary note than what is, for its very absence brings it prominence. Such is the case with Saliba v. Five Towns College, 2014 WL 92690...more
On March 6, 2014, the Equal Employment Opportunity Commission ("EEOC") released a new question-and-answer guide and accompanying fact sheet on religious dress and grooming in the workplace, under Title VII of the Civil Rights...more
Well structured, updated policies can be a first line of defense against employment related litigation and regulatory investigations. However, an organization’s policies can quickly turn from defensive tactic to litigation...more
Practical Guides Will Assist Employers and Employees -
WASHINGTON- The U.S. Equal Employment Opportunity Commission today issued two new technical assistance publications addressing workplace rights and...more
I recently attended the annual ABA Forum on Communications Law, which included an informative panel discussion marking the 50th anniversary of the U.S. Supreme Court's landmark decision in N.Y. Times v Sullivan. While we are...more
Gulino v. The Board of Education of the New York City School District of the City of New York, No. 13-cv-1001 (2d Cir. Feb. 4, 2014): A recent decision by the Second Circuit Court of Appeals affirmed a ruling by the lower...more
Often, employees and applicants hold religious beliefs and engage in religious practices that conflict with workplace rules and employment practices. Title VII of the Civil Rights Act of 1964 typically requires employers to...more
From time to time, there is media coverage about a teacher or other public school employee who has been charged with a serious crime that occurred outside the school environment. If this employee had previous convictions or...more
The U.S. Supreme Court has made clear that a third party may bring a retaliation claim against an employer under Title VII, broadly interpreting the law’s prohibition of any employer conduct that might dissuade a reasonable...more
Female Mortgage Bankers in Columbus, Ohio Were Subjected to Sex-Based Harassment And Denied Lucrative Sales Opportunities, Federal Agency Charged -
CLEVELAND - Financial giant JPMorgan Chase will pay $1,450,000 and...more
We’ve spent a lot of time talking about how the NLRB continues to have problems with policies and practices that prohibit employees from engaging in vague, undefined behavior that could constitute “protected concerted...more
City of Philadelphia Mayor Michael A. Nutter recently signed legislation amending the City’s Fair Practices Ordinance to prohibit pregnancy-related discrimination and require employers to provide reasonable workplace...more
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