Discrimination, Retaliation | JD Supra Law News

Mihalik v. Credit Agricole Cheuvreux: Second Circuit Clarifies Standard of Review of New York City Human Rights Law Claims

by Nathaniel Glasser, Keisha-Ann Gray, Steven Hurd | Proskauer Rose LLP on 5/22/2013

On April 26, 2013, the Second Circuit held that New York City Human Rights Law ("NYCHRL") claims must be analyzed separately from federal and state discrimination claims and that the severe or pervasive standard of liability...more

Best Practices in Employment Law 2013: An Update for Executives, Managers, Business Owners and Human Resources Professionals

by Shumaker, Loop & Kendrick, LLP on 5/21/2013

In This Presentation: - DEFENDING AGAINST WORKERS’ COMPENSATION RETALIATION CLAIMS - EXEMPT/NON-EXEMPT CLASSIFICATION ISSUES UNDER FLSA - AGE DISCRIMINATION OVERVIEW - THE GOOD, THE BAD, AND THE UGLY IN...more

At-Will Employment

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/10/2013

What does “at-will” employment mean: You might be inclined to think that it means that employees serve at the will of the master, or at the master’s pleasure. While this historically makes sense, “at-will” employment is...more

Attorney Fees Not Available In Mixed Motive Retaliation Claims Under Title VII, Seventh Circuit Rules

by Michael Newman | Barger & Wolen on 5/8/2013

Under Title VII, in “mixed motive” discrimination cases (i.e., discrimination motivated in part, but not entirely, by an impermissible factor), an employer may limit Plaintiff’s recovery where it can show that it would have...more

EEOC Holds Both Staffing Firms and Staffing Clients Responsible Under EEO Laws

by Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 4/25/2013

Recently, the EEOC filed a lawsuit against Hire Dynamics, a staffing firm. According to the complaint, after a Hire Dynamics employee filed a charge of discrimination against one of its clients, the staffing firm retaliated...more

Hire Dynamics Sued by EEOC for Retaliation

by U.S. Equal Employment Opportunity Commission... on 4/24/2013

Federal Agency Charges Staffing Company Stopped Giving Work to Employee Because He Filed EEOC Charge - ATLANTA - Hire Dynamics, LLC, a major staffing and professional recruitment company headquartered in Duluth, Ga.,...more

The Employment Law Authority - March/April 2013

by Nicole Brooks, Lee Gibbs Depret-Bixio, Wade Fricke, Matthew J. Kelley, Andrew W. Merrills, Stephen A. Riga | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/19/2013

In This Issue: - Immigration. Washington takes the first step toward immigration reform. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. Wade Fricke and Matthew Kelley...more

Fifth Circuit: No Fee Shifting For Title VII Mixed-Motive Retaliation Claims

by Jonathan Hershberg, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 4/18/2013

On April 3, 2013, the Fifth Circuit affirmed a ruling from the U.S. District Court for the Northern District of Texas that a plaintiff was not entitled to attorney’s fees and costs under Title VII (42 U.S.C. § 2000 e-5(g))...more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Landau Uniforms Settles EEOC Pregnancy Discrimination Suit for $80,000

by U.S. Equal Employment Opportunity Commission... on 4/9/2013

Health Care Clothing Manufacturer Fired Employee Due to Pregnancy, Federal Agency Charged - OXFORD, Miss. Landau Uniforms, Inc., a Mississippi-based company that manufactures and distributes medical scrubs and other...more

Higher Education Highlights - Spring 2013

by James Keller, William Manning, Christine Pickel, James Taylor, Jr. | Saul Ewing LLP on 4/9/2013

In This Issue: - U.S. Supreme Court to Rule on Causation Factor in Retaliation Claims - Student Sues University Over the Right to Keep a Guinea Pig in a College Dorm for Emotional Support - Delaware...more

EEOC Sues Winfield Rubber for Retaliation

by U.S. Equal Employment Opportunity Commission... on 4/9/2013

Manager Fired for Disciplining Accused Harasser, Federal Agency Charges - BIRMINGHAM, Ala. Winfield Rubber Manufacturing Co., Inc. violated federal law when it retaliated against one of its managers for firing an...more

East Coast Waffles Settles EEOC Lawsuit for Retaliation

by U.S. Equal Employment Opportunity Commission... on 3/29/2013

Federal Agency Charged Restaurant Fired Employee for Complaining About Customer Harassment - TAMPA, Fla. - East Coast Waffles, Inc., an Atlanta-based company which owns and operates more than 100 Waffle House...more

Store Manager’s Disability And Harassment Claims Were Properly Dismissed

by Anthony Oncidi | Proskauer - California Employment Law on 3/27/2013

Cynthia Lawler alleged disability discrimination, harassment, retaliation and intentional infliction of emotional distress (“IIED”) associated with the termination of her employment. The district court granted summary...more

Federal Court Grants Injunction Against A.C. Widenhouse in EEOC Race Harassment Cast

by U.S. Equal Employment Opportunity Commission... on 3/11/2013

Trucking Company to Pay $243,000 for Subjecting African-American Employees to Racial Slurs and Nooses, Retaliation - WINSTON SALEM, N.C. - Following on the heels of a legal victory for the U.S. Equal Employment...more

EEOC and Grand Central Partnership to Pay $135k to Settle EEOC Lawsuit for Retaliation

by U.S. Equal Employment Opportunity Commission... on 3/8/2013

Developer Fired Rastafarian Who Complained About Threat of Violence, Federal Agency Charged - NEW YORK - Grand Central Partnership, Inc. will pay $135,000 and furnish other relief to settle an employment...more

EEOC Wins Second Victory Against RadioShack in Retaliation Case

by U.S. Equal Employment Opportunity Commission... on 3/1/2013

55-Year-Old Manager Fired Days After He Complained About Age Discrimination; Awarded $675,000 Judgment - DENVER - The U.S. Equal Employment Opportunity Commission (EEOC) won another victory in federal court in...more

EEOC Sues Prestige Transportation Service for Pattern and Practice of Hiring Discrimination

by U.S. Equal Employment Opportunity Commission... on 2/28/2013

Company Refused to Hire Black Applicants, Federal Agency Charged - MIAMI - A Miami transportation company violated federal law by subjecting African-Americans to race discrimination, U.S. Equal Employment Opportunity...more

Female Deputy Denied Promotion Over Politics Wins $1M

by Sylvia Hsieh | Lawyers.com on 2/25/2013

A female deputy in Illinois who claims she was passed up for promotion because of politics has won a $1 million jury award against the county. Susan J. Lakics, who had worked for the DuPage County sheriff’s office for 16...more

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/19/2013

A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more

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Discrimination › Retaliation