Employment Law This Week: Constructive Discharge Claims, Class Waivers, Hiring Bias, Electronic Record-Keeping Rule, Equal Pay
Branch Rickey, former General Manager of the Brooklyn Dodgers and the man who gave Jackie Robinson his shot in the Big Leagues, once said that luck is the residue of design. (Actually, the phrase may come from the British...more
On February 8, 2023, the Minnesota Supreme Court issued its first significant decision interpreting the state’s employment discrimination law, the Minnesota Human Rights Act (MHRA), in three years. In a ruling that will...more
Black Employees at Domino’s Pizza in Olean, N.Y. Subjected to Racial Slurs, Intimidation and Physical Threats, Federal Agency Charges - BUFFALO, N.Y. – Parris Pizza Company, LLC, a Domino’s Pizza franchise in Olean, New...more
Does a plaintiff have to specify not only the facts but also the law that applies? In Bye v. MGM Resorts, Inc., the Fifth Circuit looks at a common pleading issue: What do you do when a plaintiff pleads facts that may or may...more
Over the past decade, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) has substantially lowered the bar for demonstrating racial harassment in cases where a racial...more
Employer Allowed Black Housekeeper to Racially Harass White Coworkers, Federal Agency Charges - MOORESVILLE, N.C. – T.M.F. Mooresville, LLC, operating as Hampton Inn & Suites in Mooresville, North Carolina, subjected white...more
Our August 2021 update considers recent developments in employment law, including a significant case on section 100(e) automatically unfair dismissals during the COVID-19 lockdown, and cases on disability discrimination and...more
COVID-19- automatic unfair dismissal for employee who remained in Italy during outbreak - A Tribunal has found, in the case of Montanaro v Lansafe Limited, that an employee who had travelled from the UK to Italy for the...more
Seyfarth Synopsis: In Flanzman v. Jenny Craig, Inc., the New Jersey Supreme Court reversed the Appellate Division and held that an arbitration agreement may bind the parties even if the agreement does not designate a specific...more
Black Employee Had to Quit Due to Racial Slurs and Harassment, Federal Agency Charges - STATESVILLE, N.C. - Joe's Old Fashioned Bar-B-Que, Inc., doing business as Lancaster's BBQ & Wings, a North Carolina corporation,...more
Black Employee Subjected to Racist Language and Images, Federal Agency Charges - PHOENIX - Arizona Discount Movers of Phoenix violated federal law by subjecting an African-American employee to racial harassment and...more
Federal law requires a governmental employee to file a constructive discharge claim with the Equal Employment Opportunity Commission within 45 days of the “matter alleged to be discriminatory.” The vagueness of that phrase...more
Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability...more
In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more
Company Failed to Discipline Supervisor Who Sexually Harassed at Least Five Female Employees, Federal Agency Says - SAIPAN, CNMI - Pacific Airport Services, Inc., an airport services provider for various airlines...more