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Employment Law

Second Circuit: Inability to Sit for Long Periods Can Trigger ADA Coverage - Why it matters: Can an employee’s inability to sit for a prolonged period of time constitute a disability under the Americans with...more

Utah Employment Law Letter: April 2014: Title VII: To protect and serve? Harassment claim sent back to Utah court

You may have heard the term “summary judgment.” It means that if the facts of a case are so clear that only one outcome is possible at trial, a court will forgo a trial and decide the case. This process ensures that resources...more

Hot Employment Topics For 2014- Part VII: Same-Sex Workplace Harassment-The Hazards of a "Boys Will Be Boys" Policy

This is the seventh and last of a seven-part series describing "Hot Employment Topics for 2014." Part VII focuses upon "Same-Sex Workplace Harassment." The United States Court of Appeals for the Fifth Circuit recently...more

Another Federal Player in the Social Media Sandbox

There seems to be room in the sandbox for lots of people to play. Recent recesses have seen the NLRB dominate the discourse over the do’s and don’ts when it comes to social media and employment law. But another federal...more

Rhode Island Court Considers Harassment and Discrimination Claims Involving Alleged Harasser and Victim of the Same Sex

The U.S. District Court for the District of Rhode Island recently considered the application of Title VII of the Civil Rights Act of 1964 and the Rhode Island Fair Employment Practices Act (FEPA) in the context of an alleged...more

It’s a Family Affair: New York Federal Court Holds that Family Relationship May be Sufficient to Qualify Employee as a...

The employment practices risk profile for companies that employ members of the same family may have just increased as a result of Dillon v. NED Management, Inc., a decision out of the Eastern District of New York. ...more

Sixth Circuit Holds General Contractor Can Be Liable in Discrimination Suit Brought by Sub-Contractor's Employees

The Sixth Circuit Court of Appeals recently reversed a district court's ruling granting summary judgment to a general contractor on the question of whether it could be held liable to its sub-contractor's employees as a joint...more

Failure to Complain May Preclude Relief

A judge in the Northern District of Illinois recently held that an employee’s failure to complain internally may preclude an employee from maintaining a suit for harassment under Title VII. In Zuidema v. Raymond Christopher,...more

Utah Employment Law Letter - December 2013: SEXUAL HARASSMENT: Supersize victory: Shift leader isn’t supervisor under Title VII

Harassment is a word employers never want to hear. A long-standing question for many employers has been the extent of their potential liability for workplace harassment. An employer’s liability for harassment under Title VII...more

Employment Newsletter - October 2013: U.S. Supreme Court Limits Who Qualifies as a “Supervisor” under Title VII

On June 24, 2013, the United States Supreme Court in Vance v. Ball State University, 133 S.Ct. 2434 (2013), issued one of the most important decisions on workplace harassment under Title VII of the Civil Rights Act since it...more

New Definition Of “Supervisor” For Purposes Of Title VII

The U.S. Supreme Court has issued a ruling settling a split in the circuit courts over the definition of “supervisor” for purposes of employer liability for harassment under Title VII of the Civil Rights Act of 1964, in Vance...more

Labor & Employment: Clarifying Employer Liability for Supervisors Under Title VII: Vance v. Ball State University

It is commonly known that discrimination in employment based on race, color, religion, sex or national origin is illegal, and that employers should take care to reinforce these principles in the workplace. But knowledge...more

EEOC Sues Memphis Foods for Sexual Harassment of 16-Year-Old Female Employee

Federal Agency Charges KFC Store Manager Discriminated Against Minor - MEMPHIS - Memphis Foods LLC, the owner of a Memphis KFC restaurant, violated federal law by subjecting a teenage employee to sexual harassment and...more

Labor Letter, September 2013: Employers Go "Two For Two" – Three Times Over: A Review Of The 2012-13 Supreme Court Term

Looking back at the recently-completed 2012-2013 Supreme Court term, employers should have reason to feel good about how things turned out. In fact, of the six major decisions that impact employers and can be categorized in...more

Transportation, Distribution & Logistics Alert: September 2013 - NLRB's New Ruling Could Spell Trouble in Harassment...

In a recent ruling, the National Labor Relations Board (“NLRB”) has expressed the view that telling employees that they may not discuss an internal investigation may violate an employee’s Section VII rights. In Banner Health...more

Labor Letter, September 2013: Supreme Court Tightens Standard In Retaliation Cases

As the U.S. Supreme Court ended its most recent term with a number of cases that will have broad societal implications, one employment law case decided by the Court seems to have taken somewhat of a back seat, despite the...more

August 2013: Appellate Update

U.S. Supreme Court Concludes October 2012 Term. The U.S. Supreme Court concluded its October 2012 Term in June with a number of highly publicized cases on issues like race and gay marriage, but equally notable are the Term’s...more

EEOC Lawsuit Challenges Sexual Harassment at Davis Typewriter Company

Agency Says Office Manager Used Security Cameras to Ogle Female Subordinate's Breasts - MINNEAPOLIS - A Worthington, Minn., office furniture and office supply company violated federal civil rights laws by permitting...more

Butler Snow Workplace - Vol. 2013 No. 7

In This Issue: - A New Supreme Court Decision Helps Employers in Harassment Cases - Sixth Circuit Court of Appeals Says Nursing Home RNs Are Supervisors - A New Heightened Standard For Title VII...more

A New Supreme Court Decision Helps Employers in Harassment Cases

The United States Supreme Court’s decision in Vance v. Ball State just made it easier for employers to defend against some Title VII harassment lawsuits. In a 5-4 decision, the Court rejected the harassment claims brought by...more

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in the United States

U.S. Supreme Court Decisions - Court Limits Definition of “Supervisor” Under Federal Anti-Discrimination Law - In Vance v. Ball State University (June 24, 2013), in a 5-4 decision, a majority of the Supreme...more

Six Lessons for Franchisors on Avoiding Liability Under Title VII

Restaurant franchisor Buffalo Wild Wings, Inc. (BWW) and Buffalo Wild Wings International Inc. were sued in Arizona's federal district court on charges of Title VII violations....more

Supreme Court Makes it Harder for Employees to Bring Suits Under Title VII

The Potential Implications for Educational Institutions - Last month, at the close of its October 2012 term, the Supreme Court issued two important rulings in Title VII employment discrimination cases that make it...more

The Employment Law Authority - July/August 2013

In This Issue: - Supreme Court Issues Two Key Title VII Rulings - Ogletree Deakins Launches New Fall Seminar - Are Your HIPAA Privacy Policies Up To Date - OFCCP Clarifies Damages For Victims Of Bias - The...more

U.S. Supreme Court Issues Three Decisions Favorable to Employers

By the end of this year’s term, the United States Supreme Court had issued three “employer-friendly” decisions. While the decisions do not dramatically alter the employment law landscape, employers will still welcome the...more

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