News & Analysis as of

Discrimination Wrongful Termination

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 -

Be Aware Belgium April 2017

by DLA Piper on

Limits to political, philosophical and religious neutrality towards customers? The Court of Justice of the European Union (CJEU) states that a dismissal based on an internal rules banning all employees from wearing visible...more

IXL Learning Sued by EEOC for Retaliation

Employee Fired for Posting About Discrimination on Glassdoor.com, Federal Agency Charges - SAN FRANCISCO - Educational technology company IXL Learning Inc. violated federal law when it retaliated against an employee for...more

One Step Remains in Correcting the Missouri Human Rights Act

by Littler on

On May 9, 2017, the Missouri Legislature passed a significant amendment to the Missouri Human Rights Act (MHRA), which would bring the Act into closer alignment with federal and other states' anti-discrimination statutes. All...more

Employment News - April 2017 #2

by Hogan Lovells on

One for all – no need to prove the reason for group disadvantage for indirect discrimination claim - The Supreme Court in Essop v Home Office has allowed the claimants' appeal against the Court of Appeal's rejection of...more

Nestlé Waters North America To Pay $300,000 To Settle Sex Discrimination Lawsuit

Water Company Denied Position to Veteran Manager Because of Her Gender, Then Eliminated Her Job Due to 'Consolidation,' Federal Agency Charges - TAMPA, Fla. -- Nestlé Waters North America, a Stamford, Conn.-based...more

Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination

by Seyfarth Shaw LLP on

Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity. In EEOC v. R.G....more

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Headline news: Policies, procedures essential tools in fight against sexual harassment

by FordHarrison on

Last week, former Fox News Anchor Gretchen Carlson slapped Fox News Chairman and CEO Roger Ailes with a wrongful termination and sexual harassment lawsuit in New Jersey Superior Court. The lawsuit alleges that Ailes made...more

Legislature restores wrongful discharge claim eliminated by HB2

by Poyner Spruill LLP on

We previously wrote a short guide for North Carolina employers on the employment law implications of House Bill 2 “HB2”...more

Unhappily, Ever After: NJ Supreme Court Rules Divorcing Employees Protected by NJLAD

by Genova Burns LLC on

Unfortunately, not all marriages are happily ever after. When divorce seems inevitable, losing your job as a result of a looming divorce is something no employee wants to worry about. On June 21, 2016, the New Jersey...more

Don’t Be a Menace to South Central (Houston Action Council) When Your ERISA Claim Is No Good

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision district court ruling affirms that in a benefit discrimination claim, just as in a typical claim of employment discrimination, to survive summary judgment a plaintiff must demonstrate that...more

Employment Law Navigator – Week in Review: January 2016

by Zelle LLP on

Last week, Cargill Meat Solutions terminated approximately 190 employees who failed to report to work for three consecutive days. The employees, who are Muslim, stayed away from work in protest over the meatpacking plant’s...more

Be Thankful You’re Not An Employment Law Turkey

Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments....more

The Second Circuit (Sort of) and the Fourth Circuit (Completely) Refuse to Apply “Manager Rule” to Title VII Retaliation Claims

The so-called “manager rule” addresses a concern that employers may face a “litigation minefield” if a manager whose very job duties required them to report discrimination complaints could later sue for retaliation if they...more

That is SO last week - September 2015 #3

by Zelle LLP on

Last week, The New York Times reported that men “feel entitled to take time off for family” too. The subject of the article was Josh Levs, a former CNN reporter who wanted more time off when his third child was born...more

Fourth Circuit Rejects "Manager Rule" Exception in Title VII Retaliation Cases

by Nexsen Pruet, PLLC on

Title VII of the Civil Rights Act of 1964 not only prohibits discrimination based on race, color, sex, religion, and national origin, but also prohibits retaliation against individuals who oppose unlawful discrimination or...more

Court Finds Against EEOC And Holds Charging Party Who Represented Herself As Being “Totally Disabled” Was Not Qualified To Perform...

by Seyfarth Shaw LLP on

In EEOC v. Vicksburg Healthcare LLC, et al., Case No. 13-CV-895 (S.D. Miss. Aug. 27, 2015), Judge Keith Starrett of the U.S. District Court for the Southern District of Mississippi recently rejected the EEOC’s lawsuit. He...more

New Jersey Appellate Division Rules that Nurse’s Termination Based On Her Physical Limitations Could Violate The NJLAD

by Genova Burns LLC on

On August 28, 2015, the Superior Court of New Jersey, Appellate Division in Grande v. Saint Clare’s Health System, reversed the decision of the trial court granting summary judgment to the defendant finding that plaintiff’s...more

Creed and Association: Breach of Human Rights Leads to Harsh Penalties

by Dentons on

The decision in H.T. v ES Holdings Inc. o/a Country Herbs (“Country Herbs”) 2015 HRTO 1067 (CanLII) (“Country Herbs”) serves as a reminder to employers of the significant liability that they face when a claim of...more

How Much, Er, Discovery Is Allowed In A Transgender Lawsuit?

Well, this should be interesting. As I’ve reported before, the Equal Employment Opportunity Commission has sued a funeral home chain in the Detroit area for terminating Aimee Stephens, a transgendered woman, because she...more

Court Issues Preliminary Injunction Prohibiting Employer From Terminating Employee Pending Resolution Of EEOC Lawsuit

by Seyfarth Shaw LLP on

On July 22, 2015, in Equal Employment Opportunity Commission v. Peters’ Bakery, Case No. 13-CV-045107 (N.D. Cal. July 22, 2015), Judge Beth Labson Freeman of the U.S. District Court for the Northern District of California,...more

Ninth Circuit Affirms Dismissal of ERISA Section 510 Claim

The Ninth Circuit affirmed the dismissal on summary judgment of Plaintiff Rosemarie Cole’s claim that her employer, Permanente Medical Group, interfered with her receipt of pension benefits in violation of ERISA § 510....more

Whistleblowing: An Employer’s Guide To Global Compliance

by DLA Piper on

In This Issue: - Foreword - A Summary Across Five Continents - Law and Sanctions - The Legislative Framework: Whistleblower Protections Across the Globe - Global Differences: The Cultural...more

Retaliation: Realities and Myths

by Zelle LLP on

Unlawful workplace retaliation can take several forms, and claims for retaliation arise under a number of different statutes and common law theories. Workers compensation statutes, for example, contain provisions that...more

Employment Retaliation Claims – Still Alive and Well (and Potentially Dangerous)

Federal law and most state laws protect employees who complain about discrimination and harassment from retaliatory adverse employment actions (such as demotion or termination). Because retaliation claims can succeed even...more

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