News & Analysis as of

Employer Liability Issues Equal Employment Opportunity Commission

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

New National Origin Discrimination Regs: FEHC Hears Public Comments

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On July 17, 2017, the California Fair Employment and Housing Council (FEHC) heard public comments on its proposed regulations covering national origin discrimination under the FEHA. Discussion centered on...more

Massachusetts Supreme Judicial Court Issues Groundbreaking Decision Allowing Medical Marijuana User to Assert State Law Handicap...

On July 17, 2017, the Massachusetts Supreme Judicial Court issued a unanimous ruling in Barbuto v. Advantage Sales and Marketing, LLC, allowing medical marijuana users to assert claims for handicap discrimination under the...more

EEOC Sues To Force Gentlemen’s Club To Hire Male Bartenders

Our tax dollars at work.- In a recent lawsuit filed in federal court in Florida, the Equal Employment Opportunity Commission has asserted a claim of sex discrimination against a gentlemen’s club in Florida for allegedly...more

Biometrics And “The Mark Of The Beast”: Dealing With Employee Accommodation Requests

by Fisher Phillips on

Employers are increasingly using biometric data such as facial characteristics, hand geometry, retina/iris scans, fingerprints and voiceprints in the workplace. Biometric data can be used to establish records of employee...more

EEOC Sues Connections CSP For Disability Discrimination

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

EEOC Sues Capstone Logistics For Disability Discrimination

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

Biometric Attendance Scanner or “Mark of the Beast”?: How an Employee’s Unusual Religious Belief Cost the Employer $600,000.

by Dorsey & Whitney LLP on

A recent case from the Fourth Circuit illustrates the risks for employers posed by the obligation to reasonably accommodate religious objections to workplace rules and practices under Title VII. How should an employer handle...more

That Stinks! EEOC Sues On Behalf Of Employee Denied Relief From Workplace Smells

by Jackson Lewis P.C. on

On July 12, 2017, the EEOC filed suit in the Middle District of North Carolina alleging that an employer violated the Americans with Disabilities Act (ADA) by refusing a request to telecommute from an employee with a...more

DOJ Expands Time Frame to Investigate Immigration-Related Discrimination Actions

Earlier in 2017, new rules became effective from the U.S. Department of Justice’s (DOJ) Civil Rights Division impacting the authority of the Immigrant and Employee Rights Section (IER)—formerly known as the Office of Special...more

EEOC Sues Advanced Home Care For Disability Discrimination

Call Center Violated Federal Law by Refusing Accommodation for Employee With Asthma and COPD and Then Firing Her, Federal Agency Charges - CHARLOTTE, N.C. - Advanced Home Care, Inc., a North Carolina nonprofit corporation...more

“Ban the Box” and Background Checks – Recent Trends and Movements

Retailers and other employers regularly consider the backgrounds of job applicants and employees when making personnel decisions. It is not illegal for employers to ask questions about an applicant’s criminal history, or to...more

Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under the ADA

In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently...more

What Have You Done for Me Lately? EEOC Issues Guidance on Curbing Harassment in the Workplace

by Clark Hill PLC on

The Equal Employment Opportunity Commission (EEOC) recently convened a Task Force to investigate harassment in the workplace. The Task Force found that almost one-third of the 90,000 Charges of Discrimination the EEOC...more

Federal Court Enters Judgment in Favor Of EEOC In Suit Charging Equal Pay Act Violation

Heritage Bank Violated Federal Law by Paying a Woman Less Than a Man, Federal Agency Alleged - ST. LOUIS - A Nebraska bank will pay $30,598 to a woman whom it unlawfully paid less than a man, pursuant to a federal court...more

Fifth Circuit Says Regular Attendance at Work is an Essential Function of Most Jobs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more

EEOC To Employers: Requiring Employees to Return to Work with “No Restrictions” Could Get You Sued

Before the Americans with Disabilities Act (and there was a time before the ADA), it was not uncommon to require employees to have a doctor’s note returning them to work “with no restrictions.” That won’t work in today’s ADA...more

Pizzeria Settles Discrimination Suit With EEOC For $50,000

by Jackson Lewis P.C. on

On June 22, 2017, Antonella’s Restaurant & Pizzeria settled a national origin discrimination lawsuit for $50,000 following allegations of harassment and an alleged directive to speak “English Only” in the workplace....more

“Civil” War At The Workplace: Enforcing Civility Rules In Light Of Federal Roadblocks

by Fisher Phillips on

Almost everyone would agree they prefer to work in a civil and respectful environment. Because of this, many employers have developed policies and training sessions to promote civil and respectful behavior in the workplace....more

Damages: Making Anti-Harassment Policies Work in the United States

by Dorsey & Whitney LLP on

Harassment has been in the news a lot lately in the United States, with several high-profile terminations at well-known companies. Companies are losing millions of dollars, not just in settlements and verdicts, but in lost...more

M&T Bank Sued by EEOC for Disability Discrimination at Hudson City Savings Bank

Predecessor Bank Refused to Accommodate Bank Branch Employees' Disabilities and Put Them on Involuntary Leave, Federal Agency Charges - NEW YORK - The U.S. Equal Employment Opportunity Commission (EEOC) filed suit today...more

EEOC Sued Diversified Maintenance Systems for Race Discrimination and Retaliation

Tampa-Based Janitorial Service Provider Rejected African-Americans for Jobs and Punished Black Employee for Opposing Discrimination, Federal Agency Charges - BALTIMORE - Janitorial Service Provider Diversified Maintenance...more

EEOC Sues Gold, Inc. / Sammy’s Gentlemen’s Club For Sex Discrimination

Company Refused to Hire Male Job Applicant Because of His Sex and Failed to Maintain Required Records of Job Applications, Federal Agency Charges - BIRMINGHAM, Ala. - Gold, Inc., d/b/a Sammy's Gentlemen's Club, a...more

“Pedigree Information” Sought by EEOC In Pre-Litigation Investigation May Be Relevant

Following a vacate and remand order by the United States Supreme Court for employing the de novo standard of review rather than the abuse of discretion standard, the Ninth Circuit revisited the standard for relevance in the...more

Fourth Circuit Holds Complaining Employee is not Protected From Termination if the Employer Terminates Her Because It Believed Her...

A recent Fourth Circuit ruling in a case handled by Mintz Levin provides some comfort to employers concerned about terminating an employee who they believe has made a false complaint of discrimination. In Villa v. CaveMezze...more

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