Discrimination Retaliation

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 -
News & Analysis as of

EEOC Finds That More Than 40% Of EEOC Charges Of Discrimination Contain Retaliation Claims

Last week, the United States Equal Employment Opportunity Commission (EEOC) released its enforcement litigation data for FY 2014. Continuing a recent trend, the EEOC reported that the percentage of EEOC charges of...more

EEOC Loses Argument That Company Converting Employees to Contractors Cannot Require Release of Pending Discrimination Claims

Over the past several years, the Equal Employment Opportunity Commission has filed several high profile lawsuits accusing employers of retaliating against employees by requiring them to waive discrimination claims in return...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2015

HIPAA in the Workplace - In late 2013, the Office of Inspector General issued a report critical of the Office of Civil Rights’ enforcement of the Health Insurance Portability and Accountability Act. OCR enforcement of...more

EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers?

The U.S. Equal Employment Opportunity Commission (EEOC) just released its fiscal year (FY) 2014 enforcement and litigation statistical report for the private sector. Presented annually, the report always contains some nuggets...more

EEOC Releases Fiscal Year 2014 Enforcement and Litigation Data

Percentage of Claims Alleging Retaliation Reaches Record High, While Number of Charges Decrease - WASHINGTON-The U.S. Equal Employment Opportunity Commission (EEOC) today released a comprehensive set of fiscal year...more

“Honest Belief” Defense Remains Unresolved In California

The California Supreme Court refused to decide whether the “honest belief” defense to discrimination and retaliation claims is valid under California law. Instead, in Richey v. Autonation, Inc., the Court punted on the...more

A Game-Changing Misstep for Walmart?

A federal district court recently sanctioned Walmart for "spoliation of evidence" in an employment litigation case. Although Walmart has asked the Court to reconsider its decision or allow it to appeal the decision to the...more

10-K Conundrum: 7th Circuit Holds Corporate Filings Can Lead To Employment Claims

A recent Seventh Circuit decision provides a cautionary tale for employers deciding what level of detail about litigated matters to include in publicly disclosed Securities and Exchange Commission (“SEC”) filings. The court...more

Can Saks Fifth Avenue Legally Discriminate Against Transgender Employees?

Saks Fifth Avenue’s latest fashion trend is receiving mixed reviews from critics across the nation. According to a discrimination and retaliation complaint filed in the U.S. District Court for the Southern District of...more

Bully for You: Ready or Not, California’s Anti-Bullying Training Requirement Starts Now

Welcome to 2015 and the start of California’s Anti-Bullying Training Requirements. Employers of 50 or more in California must now add an “anti-bullying” training requirement to their training curriculum, which is required to...more

A Review Of Recent Developments Of Interest To Employers

In This Review: - 2015 Schedule of Seminars - Wage & Hour Developments - Discrimination, Harassment, and Retaliation Developments - Arbitration and Class Action Developments - Developments...more

NLRB Changes Standard for Deferral to Arbitration in Discrimination and Retaliation Cases

In a significant recent decision, the National Labor Relations Board (NLRB or Board) again abandoned long-standing, accepted Board precedent.  In Babcock & Wilcox Construction Co., 361 NLRB No. 132 (Dec. 15, 2014), the Board...more

EEOC Roundup: November 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Bright Petroleum, Inc. Shareholders/Officers to Pay $15,000 to Settle EEOC Retaliation Suit

Food Market Terminated Manager Who Filed Discrimination Charge, Federal Agency Charged - INDIANAPOLIS - Two shareholders/officers of the dissolved corporation Bright Petroleum Inc. d/b/a The Bright Market, will pay...more

Christmas Won’t Be Merry For These Employers!

Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas! ...more

New Year, New Laws for Employment Lawyers

AB 1660 prohibits employers from discriminating against applicants and employees without valid California driver’s licenses. See Govt C §12926, Veh C §§1653.5, 12800.7, 12801.9. Under current law, the DMV has to issue a...more

New California Employment Laws for 2015 and Beyond

It is that time of year again, California. As the days grow shorter and the nights grow semi-colder (it is still California after all), a flurry of activity begins as employers revisit their policies and handbooks to assess...more

Justrite Manufacturing Company to Pay $418,000

TO SETTLE EEOC CLASS INVESTIGATION EEOC Found Employer Discriminated and Retaliated Against Disabled Employees - CHICAGO - Justrite Manufacturing Company, a Mattoon, Ill.-based manufacturer of storage, handling and...more

$185 million punitive damages for pregnancy discrimination: what led to the largest single-plaintiff employment award?

Rosario Juarez worked at AutoZone but now can buy 1 percent of its total market capitalization. Juarez began as a retail salesperson in San Diego in 2000. She was promoted to Parts Sales Manager but was unsuccessful in...more

The $185 Million – Yes – $185,000,000 Single Employee Discrimination Case

On November 17, a federal jury returned a verdict against AutoZone in favor of a single plaintiff for the insane amount of $185,000,000.00 in punitive damages. The plaintiff alleged gender and pregnancy-related harassment,...more

Quirky Question #245, Last chance agreements

We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy who refused to work overtime on...more

California Legislation 2014

California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On September 10, 2014,...more

Fenwick Employment Brief - October 2014

New Laws Affecting California Employers - The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide...more

Fourth Circuit Says Courts Retain Jurisdiction Over Retaliation Claim Linked to Untimely EEOC Discrimination Charge

In order to sue for employment discrimination under Title VII, plaintiffs must first file a charge of discrimination with the Equal Employment Opportunity Commission within a certain time period after the last alleged...more

Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits

The Eighth Circuit recently concluded that an employer may violate the ADEA by terminating an older employee in order to reduce its health care premiums. Tramp v. Associated Underwriters, Inc., 2014 WL 4977396 (8th Cir....more

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