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Discrimination › Remand

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Carlton Fields

Fifth Circuit Reversed Judgment Compelling Arbitration Because Unsigned Arbitration Agreement Was Invalid

Carlton Fields on

This matter involved a lawsuit brought in Texas federal court by a former employee (Huckaba) against Ref-Chem L.P., alleging sexual harassment, discrimination and retaliation in violation of Title VII. ...more

Parker Poe Adams & Bernstein LLP

Denial of Lateral Transfer Adverse Employment Action Under Title VII

Parker Poe Adams & Bernstein LLP on

Not every action that an employee views as negative can serve as the basis for a claim of discrimination under Title VII of the Civil Rights Act of 1964. In order to state a claim for relief, federal courts have held that the...more

Seyfarth Shaw LLP

Supreme Court Remands Transgender Rights Case to Court of Appeals After Trump Administration Withdraws Obama Era Guidance

Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 6, 2017, the Supreme Court remanded a highly anticipated transgender rights case back to the Court of Appeals after the Trump Administration withdrew Obama era guidance regarding the rights of...more

Seyfarth Shaw LLP

More Mach Mining: Court Denies The EEOC’s Motion For Reconsideration Of Discovery Order

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the remand of the high profile Mach Mining litigation that was before the Supreme Court in 2015, a district court denied the EEOC’s motion for reconsideration of a discovery order pertaining to the scope...more

Foley & Lardner LLP

Seventh Circuit Cuts Through First Amendment Forum Jargon and Issues Robust Defense of Free Expression

Foley & Lardner LLP on

Like many cities across the country, Fort Wayne, Indiana raises money through advertisements that it sells on the inside and outside of the buses it operates. And like many cities, Fort Wayne has a number of regulations on...more

Pullman & Comley - Labor, Employment and...

Fourth Circuit Court Of Appeals Holds That Gender Normed Physical Fitness Tests Do Not Run Afoul Of Title VII

Pullman & Comley - Labor, Employment and... on

As we are all aware, Title VII of the Civil Rights act of 1964 prohibits, among other things, discrimination in employment on the basis of sex. This prohibition extends not only to intentionally discriminatory conduct, but...more

Parker Poe Adams & Bernstein LLP

Second Circuit Will Not Review Adequacy of EEOC Investigation

Parker Poe Adams & Bernstein LLP on

In its most recent term, the U.S. Supreme Court held in the Mach Mining case that federal courts have limited ability to review whether or not the Equal Employment Opportunity Commission fulfilled its statutory duty to...more

Proskauer - Law and the Workplace

Second Circuit Decision Resuscitates EEOC’s Gender Discrimination Suit Against Sterling Jewelers

Proskauer - Law and the Workplace on

This week, the United States Court of Appeals for the Second Circuit sharply limited employers’ ability to challenge the adequacy of the EEOC’s pre-suit investigations. The Court issued an opinion vacating a district court...more

Eversheds Sutherland (US) LLP

U.S. Supreme Court Sends 4-R Act Case Back to Lower Court for the Second Time

Eversheds Sutherland (US) LLP on

A day after issuing its decision in Direct Marketing Ass’n v. Brohl, the U.S. Supreme Court decided Alabama Department of Revenue v. CSX Transportation, Inc. The Court held that a rail carrier can show discrimination under...more

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