Discrimination, Retaliation, Hiring & Firing

Littler Lightbulb: August Appellate Roundup

Littler on 9/6/2024

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

The Michigan Supreme Court Expands Public Policy Causes of Action for Retaliatory Discharge

Dickinson Wright on 8/27/2024

Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s...more

Unpacking California’s 2024 Employment Laws: Key Changes Employers Need to Know

Troutman Pepper on 12/14/2023

California enacted several new employment laws for 2024, summarized below, including expanded paid sick leave, leave for reproductive loss, protections for employee cannabis use, additional noncompete enforcement limitations,...more

Ultimatum on Ultimate Employment Decisions: Fifth Circuit Expands Standard on Adverse Employment Decisions Under Title VII

Bradley Arant Boult Cummings LLP on 8/22/2023

If you are an employer covered by the federal Fifth Circuit (Texas, Louisiana and Mississippi), you are probably familiar with the “ultimate employment decision” standard: In determining whether an employee suffered an...more

Couple’s discrimination and retaliation case against Colorado Supreme Court dismissed

McAfee & Taft on 8/4/2023

Judges and courts enforce anti-discrimination and retaliation laws, but are they ever accused of violating those laws themselves? That is exactly what was alleged in a recent Tenth Circuit case that offers helpful takeaways...more

Seventh Circuit Takes On Religious Discrimination

Manatt, Phelps & Phillips, LLP on 5/24/2023

The Seventh U.S. Circuit Court of Appeals recently affirmed summary judgment in favor of an employer in a religious discrimination case involving a teacher who refused to call transgender students by their chosen names....more

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

Bradley Arant Boult Cummings LLP on 9/9/2021

In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

The Insidious Deception That Is "Employment At Will"

Constangy, Brooks, Smith & Prophete, LLP on 5/28/2021

Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

2021 Employment Law Changes That Illinois and Chicago Employers Need to Know About

Clark Hill PLC on 1/6/2021

The beginning of 2021 saw the advent of new employment laws for employers with operations and employees located in the State of Illinois and the City of Chicago. Here are some of the new state and local laws that employers in...more

California Allows Attorney's Fees Award To Successful Whistleblowers

Allen Matkins on 10/30/2020

California's Labor Code currently prohibits employers, or persons acting on their behalf, from retaliating against employees who "blow the whistle". Cal. Lab. Code § 1102.5. The same statute also prohibits employers, or...more

Sixth Circuit Court of Appeals Provides Guidance as to When Increased Scrutiny May Show Unlawful Retaliation

Butler Snow LLP on 7/15/2020

Federal law (as well as many states’ law) forbids an employer from retaliating against an employee who engages in protected activity, such as complaining of unlawful discrimination. One way that many employees seek to...more

Developments in Workplace Discrimination Guidance in the Wake of COVID-19

A&O Shearman on 4/24/2020

Many employers have been forced to consider employee layoffs, furloughs or salary reductions as a way to manage some of the financial hardship created by COVID-19. Companies should keep in mind existing federal, state and...more

HR ‘Don’ts’ Inspired by Netflix’s Tiger King

FordHarrison on 4/6/2020

In the midst of our pandemic-induced self-isolation and, in many cases, mandatory shelter-in-place orders, some of you have probably used this time to better yourselves. Perhaps you’ve tried out some new recipes or began an...more

EEOC Sues Kansas City Wedding Venue for Retaliation Against Black Employee

U.S. Equal Employment Opportunity Commission... on 11/13/2018

28 Event Space Intimidated, Fired Worker Who Supported Coworker's Race Discrimination Claim, Federal Agency Charges - ST. LOUIS - 28 Event Space, LLC, a popular Kansas City, Mo., wedding event space in the Crossroads...more

How to Handle Waivers in Discrimination Cases

Cozen O'Connor on 10/10/2018

It is every L&E attorney’s dream: You are deposing a Title VII plaintiff and it’s starting to get late. One by one, the plaintiff’s allegations of discrimination start to lose their luster; the seams are beginning to show....more

Web Exclusive - That’s My Story And I’m Sticking To It: A Look At The “Honest Belief” Rule

Fisher Phillips on 10/5/2018

You find out an employee launches a false complaint of discrimination or harassment and you terminate them for their dishonesty. There’s no harm in that, right? Think again. There has been a recent trend of cases where courts...more

Big 5 To Pay $165,000 To Settle EEOC Race Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 9/19/2018

Sporting Goods Retailer Subjected Management Trainee to Racial Slurs and Death Threats, Federal Agency Charged - SEATTLE - Sporting goods retailer Big 5 Corporation will pay $165,000 and provide other relief to settle a...more

No Roman Holiday: New Jersey Appellate Division Says Employees Must Submit Sexual-Harassment and Discrimination Claims to...

Genova Burns LLC on 9/13/2018

August 23, 2018 was a busy day for the New Jersey Appellate Division on the arbitration front when it issued two opinions effectively upholding the enforceability of arbitration agreements. Both cases involved...more

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