News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Wrongful Termination Corporate Counsel

Parker Poe Adams & Bernstein LLP

EEOC Settles Claim That Worker Suffering From Depression Was Fired Over Safety Concerns

As we have previously covered in EmployNews, companies are facing an increasing number of accommodation requests and claims from employees who allege they were discriminated against based on mental issues. Many of these...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

FordHarrison

Sixth Circuit Rejects EEOC's Push to Broaden the Causation Standard in Age Discrimination Lawsuits

FordHarrison on

In Pelcha v. MW Bancorp, Inc., the Sixth Circuit recently held that ageist comments attributed to a bank’s CEO were insufficient evidence to support an employee’s claim that she was fired because of her age in violation of...more

Proskauer - Law and the Workplace

Emerging Trend: ADA Does Not Cover Potential Future Disabilities

Heeding the adage “no one knows what the future may hold,” the Seventh, Eighth and Eleventh Circuits have uniformly refused to extend protections of the Americans with Disabilities Act (ADA) to employees with a perceived risk...more

Jackson Lewis P.C.

EEOC’s Notice Pleading Survives Motion To Dismiss In Failure To Accommodate And Wrongful Termination Suit

Jackson Lewis P.C. on

A North Carolina district court recently declined to dismiss a failure to accommodate and wrongful termination action brought by the EEOC on behalf of a patient accounts representative in EEOC v. Advance Home Care, Inc....more

McAfee & Taft

Oklahoma jury awards transgender employee $1.165 million

McAfee & Taft on

The courts, the Department of Justice, and the Equal Employment Opportunity Commission hold differing views on whether Title VII prohibits employment discrimination on the basis of sexual orientation or sexual identity....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Company’s Reaction to Claim of Unequal Pay Provides Lessons for Employers

Complaints of unequal pay should not be taken lightly, and certainly should not be met with an immediate adverse employment action. The U.S. Court of Appeals for the Eighth Circuit recently reinstated a female office worker’s...more

Seyfarth Shaw LLP

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

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

Seyfarth Shaw LLP

Courts Say Title VII Forbids Employment Discrimination Based on Sexual Orientation and Gender Identity

Seyfarth Shaw LLP on

Seyfarth Synopsis: Increasingly, courts have held that discrimination on the basis of sexual orientation and gender identity violates Title VII. Federal district courts in Nevada and Pennsylvania have recently joined their...more

Seyfarth Shaw LLP

Just What The Doctor Ordered: Court Denies The EEOC’s Motion For Summary Judgment In ADA Suit Regarding Employer’s Wellness...

Seyfarth Shaw LLP on

Seyfarth Synopsis: After the EEOC brought an action under the Americans With Disabilities Act against an employer who implemented a wellness program requiring employees to take a health assessment to participate, the Court...more

Sherman & Howard L.L.C.

Staffing Company Has to Ask

The Fifth Circuit Court of Appeals expanded on the EEOC’s guidance on a staffing company’s liability for its client’s discriminatory decisions. According to the court, a staffing company may be liable when a client asks the...more

Constangy, Brooks, Smith & Prophete, LLP

Ignore The Hype: Here’s What Employers Need To Know About North Carolina’s HB 2

Argh! I was hoping not to have to talk about HB 2 again (North Carolina’s notorious “bathroom bill”), but there has been so much misinformation about what it did to wrongful discharge claims that I’ve just gotta....more

BakerHostetler

Has the Fifth Circuit Opened the Door for Potential Liability of Staffing Companies?

BakerHostetler on

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two...more

Zelle  LLP

Retaliation: Realities and Myths

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

Franczek P.C.

Employer Fails to Provide Leave of Absence to Probationary Employee, Pays the Price

Franczek P.C. on

Adam was a maintenance technician for EZEFLOW, a company which manufactures pipe fittings.  He also was a marine corps veteran who served in both Iraq and Afghanistan. Upon his discharge from the marines, Adam started his...more

Hinshaw & Culbertson LLP

Seventh Circuit Finds No ADA Liability for Employer Not Involved in Decisionmaking

Hinshaw & Culbertson LLP on

Joyce Whitaker began working for Milwaukee County as a corrections officer in 2001. In 2005, she sustained a work-related back injury and subsequently was diagnosed with several related medical conditions. As a result, her...more

Orrick - Employment Law and Litigation

Actions Speak Louder than Words: Jury Awards $185 Million in Punitive Damages in Pregnancy Discrimination Suit

On November 17, 2014, a San Diego federal jury of five men and three women awarded Plaintiff Rosario Juarez $185 million dollars in punitive damages in her pregnancy discrimination lawsuit against her former employer AutoZone...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide