News & Analysis as of

Employee Transfers

Foley & Lardner LLP

Supreme Court Reconsiders Decades-Old “Adverse Employment Action” Standard for Discriminatory Transfers Under Title VII

Foley & Lardner LLP on

On December 6, 2023, the United States Supreme Court heard oral arguments in Muldrow v. City of St. Louis, Missouri, a case involving a St. Louis Police Department officer’s claim that she was subject to a discriminatory job...more

Fisher Phillips

SCOTUS Predictions: Justices Will Say Lateral Job Transfers Can Be Unlawful - But Ruling Will Be Limited

Fisher Phillips on

The Supreme Court may soon clarify whether an employer’s decision to transfer an employee to a lateral job – with no change in pay or benefits – violates federal civil rights law if it’s done for discriminatory reasons....more

Seyfarth Shaw LLP

Justices Mull Fundamental Element of Proof in Title VII Case During Oral Argument In Muldrow v. City of St. Louis

Seyfarth Shaw LLP on

Seyfarth Synopsis: One of the most anticipated employment cases of the term was recently argued before the United States Supreme Court. In Muldrow v. City of St. Louis the Court requested the parties address the issue:...more

Jackson Lewis P.C.

U.S. Supreme Court Appears to Side With Employee Alleging Discriminatory Transfer in Oral Argument

Jackson Lewis P.C. on

Even as the U.S. Supreme Court heard oral argument in Muldrow v. City of St. Louis, Mo., No. 22-193, on Dec. 6, 2023, on the narrow issue of whether Title VII of the Civil Rights Act of 1964 prohibits job transfers that do...more

McDermott Will & Emery

Kündigungsschutz für GmbH-Geschäftsführer?

McDermott Will & Emery on

Das Bundesarbeitsgericht (BAG) hat sich in einer aktuellen Entscheidung (BAG, Urteil vom 20. Juli 2023 – 6 AZR 228/22) mit der Frage des Kündigungsschutzes von Geschäftsführern auseinandergesetzt, die auf Grundlage eines...more

Bradley Arant Boult Cummings LLP

A Different Type of Transfer Portal? Supreme Court Looking at Employment Transfer Discrimination Case

If you transfer employees with no loss of pay or status, can they sue you under Title VII? Right now, it depends on where you live and what your local federal circuit has ruled. That could change....more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Trusaic

Massachusetts Pay Transparency Moves a Step Closer

Trusaic on

Massachusetts is poised to follow California and Illinois and become the third state to require pay data reporting. It would also be the eleventh to require pay transparency in job listings. On October 4, Massachusetts House...more

Fisher Phillips

4 Supreme Court Cases Employers Should Be Tracking as New Term Kicks Off

Fisher Phillips on

The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more

Jackson Lewis P.C.

Evolving Standards for Title VII Claims in Fifth Circuit and Others Federal Appellate Courts

Jackson Lewis P.C. on

Plaintiffs need not allege discrimination with respect to an “ultimate employment decision” under Title VII of the Civil Rights Act to survive a motion to dismiss, the U.S. Court of Appeals for the Fifth Circuit held,...more

Jackson Lewis P.C.

U.S. Supreme Court to Hear Whether Title VII Protects Employees Contending Discriminatory Transfer

Jackson Lewis P.C. on

The U.S. Supreme Court will decide whether Title VII of the Civil Rights Act prohibits discrimination in forced transfer decisions without also requiring a showing that the transfer decision caused the employee a materially...more

FordHarrison

D.C. Circuit Holds Title VII Does NOT Require a Showing of Tangible Harm

FordHarrison on

Executive Summary: On June 3, 2022, an en banc panel (meaning all of the judges on the court participated) of the U.S. Court of Appeals for the D.C. Circuit issued a landmark decision holding that Title VII does not require...more

Bradley Arant Boult Cummings LLP

The Transfer-mers: D.C. Circuit Rules That Job Transfers Covered by Title VII Without Higher Bar

Let’s say you are tired of your current position and want to try something new with the same employer. You apply for a job transfer, and you are turned down. Then you find out that other people were able to make the move more...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Cross-Border Asset Deals

In this episode of The Proskauer Benefits Brief, partner David Teigman, senior counsel Nick LaSpina, and special international labor & employment counsel Nicola Bartholomew, discuss differences between asset sales in the US...more

Quarles & Brady LLP

[Webinar] State of Play in U.S. Immigration Law: Adjudicatory and Enforcement Trends - October 27th, 2:30 pm - 3:45 pm CT

Quarles & Brady LLP on

Please join us for a panel discussion with industry-leading immigration lawyers, in-house experts and former government officials on the top issues that employers should focus on to attract and retain international executives...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Employer Not Required to Create Shared Job as ADA Accommodation

Under the Americans with Disabilities Act, employers are required to consider reassignment to an existing vacant position as a last ditch form of reasonable accommodation for an employee unable to return to their previous...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Transferring an Employee Is ADA Accommodation of Last Resort

If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...more

BCLP

UK HR Two Minute Monthly: TUPE transfers to multiple transferees, public interest test in whistleblowing cases and unfair...

BCLP on

Our April 2021 update includes a case which signals a potentially significant change in approach to TUPE transfers involving multiple transferees. We also consider a recent whistleblowing case in which it was considered that...more

Hogan Lovells

Employment News: TUPE, health and safety

Hogan Lovells on

Split the difference - CJEU decision on fragmentation applies to service provision changes - When a contract is retendered, services that were originally provided by a single contractor may be divided between two or more...more

Dechert LLP

Drama in the World of TUPE – Employees Can Be Divided Amongst Multiple Transferees on a Service Provision Change

Dechert LLP on

Introduction - The reputation that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) have for technicality, complexity, and unpredictability will not be improved by the recent decision of the...more

Smith Anderson

Employee Transfers May Be Considered 'Adverse Actions': Fourth Circuit Provides Guidance

Smith Anderson on

Employers should be aware of the risk of liability under anti-discrimination and anti-retaliation statutes when transferring employees to other positions. A recent decision of the U.S. Court of Appeals for the Fourth...more

McDermott Will & Emery

[Webinar] Mexican Government Challenges Employee Insourcing and Outsourcing Structures - December 15th, 11:00 am - 12:00 pm CST

McDermott Will & Emery on

Mexico’s president sent a bill to the Congress of the Union proposing amendments to insourcing and outsourcing structures of several key employment and tax laws. These amendments would cause several commonly used structures...more

Maynard Nexsen

ADA Claims Fail When Employee Accepts Lateral Transfer

Maynard Nexsen on

The Americans with Disabilities Act (ADA) has always been important for employers, and it has become increasingly so as the unprecedented COVID-19 pandemic continues to impact workplaces and businesses across the country and...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Employee Who Accepted Voluntary Transfer Cannot Maintain ADA Claims

Under the Americans with Disabilities Act, if an employee with a disability requests accommodation, the employer must work with that person to determine if there are reasonable measures that can be taken that allow the...more

Seyfarth Shaw LLP

Seyfarth Global Immigration Update: February 2020

Seyfarth Shaw LLP on

China - Expedited Permit Processing for Highly-Skilled Foreign Nationals in Shanghai and Coronavirus Related Travel Restrictions - Effective immediately, certain Category A (highly-skilled) applicants seeking permission to...more

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