News & Analysis as of

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 -
Hinshaw & Culbertson - Employment Law...

How the EFAA Applies to Employee Arbitration Agreements in Sexual Harassment Cases Involving Conduct That Preceded the Law’s...

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On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though...more

Littler

Littler Lightbulb: August Appellate Roundup

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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

Dickinson Wright

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

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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

Mandelbaum Barrett PC

New Jersey Supreme Court Invalidates Non-Disparagement Provision Against Alleged Victim of Discrimination and Harassment

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In Savage v. Township of Neptune, et al., (A-2-23, decided May 7, 2024), the New Jersey Supreme Court analyzed and invalidated a non-disparagement provision included in a settlement agreement against a plaintiff alleging...more

Constangy, Brooks, Smith & Prophete, LLP

The man who said "no" to DEI training, and four lessons for employers

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Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more

Bressler, Amery & Ross, P.C.

Be Careful With Non-Disparagement Provisions in Settlements of New Jersey Law Against Discrimination Claims

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The Supreme Court of New Jersey recently issued a decision in Savage v. Twp. Of Neptune, (A-2-23)(087229), 257 N.J. 204 (2024) (slip. op.) holding the parties’ non-disparagement provision to be unenforceable as it was found...more

Saiber LLC

New Jersey Supreme Court Holds That Non-Disparagement Provisions Seeking to Preclude Discussion About Claims of Discrimination,...

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In a recent unanimous decision, the New Jersey Supreme Court held that non-disparagement provisions in settlement agreements or employment agreements are against public policy and unenforceable if they seek to bar speech...more

Bradley Arant Boult Cummings LLP

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

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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

U.S. Equal Employment Opportunity Commission...

Sprouts Farmers Market Resolves EEOC Discrimination Charge

U.S. Equal Employment Opportunity Commission... on

Federal Investigation Determined Grocery Subjected Employees to Sexual Harassment and Retaliation - LOS ANGELES – Sprouts Farmers Market, a national grocery chain featuring natural foods, has settled a federal charge of...more

Littler

Littler Lightbulb: March Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Marshall Dennehey

Florida Court of Appeals Holds that an EEOC Charge Does Not Need to Specifically Allege the Florida Civil Rights Act to Exhaust...

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Ramos v. Steak N Shake, Inc., 2D22-3465, 2023 WL 8791666 (Fla. 2d DCA Dec. 20, 2023) - Florida’s Second District Court of Appeal examined the issue of whether section 760.11, Florida Statutes, requires that the aggrieved...more

Constangy, Brooks, Smith & Prophete, LLP

Retaliation. The second guy always gets caught.

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Mike Daniels is a 300-pound mound of sound who played defensive tackle in the National Football League. After receiving more than a few personal foul penalties during his 10-year career, he explained that “the second guy...more

Stark & Stark

Understanding and Preventing Workplace Discrimination Liability in New Jersey

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Employment Plaintiff attorneys often include an “aiding and abetting” claim against the “deep pocket” employer when they sue for employment discrimination under the New Jersey Law Against Discrimination. This blog will...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q4 2023

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State and local governments continue to increase workplace regulations. This update provides an overview of recent and upcoming legislative developments to help you and your organization stay in compliance with local and...more

Troutman Pepper

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

Troutman Pepper on

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

Fox Rothschild LLP

NY Limits Use of Nondisclosure Agreements by Employers When Resolving Discrimination, Harassment and Retaliation Claims

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New York State recently enacted further restrictions limiting language that can be contained in employment-related release agreements (including severance, separation, and settlement agreements). The changes, which were...more

Paul Hastings LLP

New York Amends Law Affecting Settlements of Discrimination, Harassment, and Retaliation Claims

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On November 17, 2023, New York Governor Kathy Hochul signed Bill S4516 into law, which amends the requirements for non-disclosure and non-disparagement provisions in certain settlement agreements. Previously, New York law...more

Paul Hastings LLP

Get Ready California Employers! A Wave Of New Employment Laws Set To Kick In Next Year.

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Another New Year means another flurry of new laws for California employers. Indeed, Governor Newsom had another busy October, signing over a dozen employee-friendly bills touching everything from cannabis use to workplace...more

Perkins Coie

2023 California Labor, Employment, and Independent Contractor Legislative Update

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With the 2023 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within the state and highlight relevant action items related to these bills. Below...more

Marshall Dennehey

Third Circuit: Knowledge Requirement Not To Be Overlooked in Proving Retaliation

Marshall Dennehey on

Watkins v. Pennsylvania Dep't of Corr., No. 22-1426, 2023 WL 5925896 (3d Cir. Sept. 12, 2023) - A corrections officer sued his employer, the Department of Corrections (DOC), alleging a retaliatory hostile work environment in...more

Mintz - Employment Viewpoints

Second Circuit Clarifies Standard for Evaluating Title VII Retaliation Claims

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On the heels of the Fifth Circuit Court of Appeals’ recent decision clarifying its view of properly pled Title VII disparate treatment discrimination claims, which we previously covered here, the Second Circuit Court of...more

Bradley Arant Boult Cummings LLP

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

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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

McAfee & Taft

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

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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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Formel D USA, Inc. for Sex Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on

Automotive Quality Control Company Failed to Protect Female Employee from Sexual Harassment and Retaliation, Federal Agency Charges - DETROIT – Formel D USA, Inc., an automotive quality control company with locations in...more

Manatt, Phelps & Phillips, LLP

Seventh Circuit Takes On Religious Discrimination

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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

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