News & Analysis as of

These Foolish Things – The Oddest Employment Issues of the Past Year

Even outside the Capital Beltway, this has been a strange year. Those of us who handle labor and employment issues everyday often think we’ve seen it all—only to be proven wrong time and again. As April Fools’ Day approaches,...more

EEOC to Examine The State Of The Workforce And The Future of Work

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) will hold a meeting on Wednesday, April 5, from 9:30 a.m. to 12:30 p.m., EDT), at agency headquarters, 131 M Street, N.E., Washington D.C. The meeting,...more

Pennsylvania Federal Court Interprets Title VII Broadly to Protect Against Gender Stereotyping and Perceived Sexual Orientation

On March 23, Judge Stengel in the Eastern District of PA denied an employer’s motion to dismiss a Title VII case filed by an employee claiming discrimination and harassment based on her appearance and perceived sexual...more

Federal Discrimination Claim Tossed Where Plaintiff Unable to Establish Prima Facie Case

A Louisiana federal district court granted a company’s motion for summary judgment regarding a former employee’s Title VII race discrimination, harassment, and retaliation claims. Cassimere v. Fastorq LLC. Plaintiff, an...more

Third Circuit Finds Title IX Provides a Remedy for Sex Discrimination in Fully Funded Educational Institutions

The Third Circuit Court of Appeals has again created a circuit split by disagreeing with decisions from the Fifth and Seventh Circuit Courts of Appeals, which have held that Title VII of the Civil Rights Act of 1964 provides...more

March Preparedness: Inadequate Employee Training May Cause Even the Best Employers to Suffer an Upset

Employers implement employee training programs for a variety of reasons, such as furthering professional development and improving poor performance, ensuring compliance with information security protocols and competence using...more

Dear Littler: How Should I Handle Customer Concerns about a Transgender Employee?

Dear Littler: We have a transgender employee at work, Sarah, who identifies and presents as a female. She is in the process of transitioning and still occasionally exhibits traditionally “male” physical attributes. A client...more

EEOC Files Religious Discrimination Lawsuit Against J.C. Witherspoon, Jr., Inc.

Company Fired Hebrew Pentecostal Truck Driver Because of His Sabbath Requirement, Federal Agency Charges - CHARLESTON, S.C. - J.C. Witherspoon, Jr. Inc., a South Carolina corporation headquartered in Alcolu, violated...more

What Pretext? The Tenth Circuit Shows the Value in Trucking & Transportation Employers Citing to Safety and Customer Complaints to...

On March 10, 2017, the Tenth Circuit in Henson v. AmeriGas Propane, Inc., no.: 16-7057, declined to revive a discrimination and wrongful discharge lawsuit in finding that the lower court was correct in its holding that that...more

EEOC Charlotte District Office Pilots Online Inquiry and Appointment System for The Public

New System Provides Online Interaction With the Federal Agency - CHARLOTTE, N.C. -- The Charlotte District Office of the U.S. Equal Employment Opportunity Commission (EEOC) is one of five offices that will pilot the EEOC...more

“Free To Be . . . You And Me”: The 11th Circuit’s Strange LGBT Decision

This latest decision from the U.S. Court of Appeals for the Eleventh Circuit on sexual orientation discrimination is weird. A panel of the court found 2-1 in Evans v. Georgia Regional Hospital that the plaintiff did not have...more

Government Workplace Enforcement: Looking Back At 2016 and Ahead to 2017 – Trend #6

While the government enforcement lawsuits brought by the DOL and EEOC in 2016 were in line with their aggressive platforms, by sheer numbers of cases, their enforcement activities were arguably limited in their effectiveness,...more

Food and Beverage Law Update: March 2017

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

Employer Requirements in Regard to Permitting Employees to Bring Service Dogs to Work

In a recently filed lawsuit, Equal Employment Opportunity Commission v. CRST International Inc. and CRST Expedited Inc., the EEOC alleges that CRST violated the Americans With Disabilities Act (“ADA”) by denying an...more

California Lawmakers Introduce Statewide Ban-the-Box Law

When it comes to legislation restricting employer use of criminal records, California seems to be leading the charge. In the last six months alone, we have reported on a variety of new laws that apply to California employers...more

Failure to Accommodate Religious Belief Claim to Move Forward

Religious discrimination claims by a delivery driver for a catering company who was terminated the day after being sent home for wearing a religious head covering survived summary judgment due to the temporal proximity...more

Second Circuit Holds “Hispanic” Is a Race Under Section 1981 and Title VII

On February 16, 2016, the Second Circuit issued an opinion holding that “Hispanic” is a race for the purposes of both Section 1981 and Title VII. Village of Freeport v. Barrella, 814 F.3d 594 (2d Cir. 2016). Judge José A....more

You Don’t Look Like You Are From Around Here: EEOC Guidance on National Origin Discrimination

If you weren’t sure what it meant to discriminate against someone because of their national origin, the EEOC wants to help. The newly revised Section 13 of the EEOC Field Manual provides guidance on how the EEOC defines...more

California Further Limits Use of Criminal Background Information

California’s Fair Employment and Housing Council (“FEHC”) has finalized new regulations further limiting employers’ ability to consider criminal history when making employment decisions. The new FEHC regulations, which are...more

Harassment Discrimination Covers the Waterfront

We have always been concerned about the extent to which employees or the Equal Employment Opportunity Commission (EEOC) could claim they were suffering from harassment in the workplace. Recent guidance from the EEOC...more

C&A Tool Engineering to Pay $35,000 to Settle EEOC Disability Discrimination Lawsuit

Company Withdrew Job Offer Based on Mistaken Assumptions About Applicant's Vision, Federal Agency Charged - INDIANAPOLIS - C&A Tool Engineering Inc., a manufacturing-tooling company in Churubusco, Ind., will pay $35,000...more

Are College Recruiting Programs Age Discrimination?

On Feb. 17, 2017, in Rabin v. PricewaterhouseCoopers LLP, the U.S. District Court for the Northern District of California ruled that job applicants could maintain a disparate impact claim under the Age Discrimination in...more

EEOC: Harassment Continues to be a Serious Problem in the Workplace

Unlawful harassment is alive and well in the workplace. According to a report issued last year by a Select Task Force of the Equal Employment Opportunity Commission (“EEOC”) on the Study of Harassment in the Workplace (the...more

California FEHC Regulations Limit Use of Criminal History for Employment Decisions

The Fair Employment and Housing Council has finalized new regulations that will further limit employers’ ability to consider criminal history when making employment decisions. The new regulations are scheduled to take effect...more

Indefinite Leave As Reasonable Accommodation

A February 5, 2017 decision of a Massachusetts Commission Against Discrimination (MCAD) Hearing Officer tortures common sense by awarding damages against the employer for failure to accommodate a disability by extending FMLA...more

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