Hiring & Firing, Retaliation, Discrimination

Mihalik v. Credit Agricole Cheuvreux: Second Circuit Clarifies Standard of Review of New York City Human Rights Law Claims

by Nathaniel Glasser, Keisha-Ann Gray, Steven Hurd | Proskauer Rose LLP on 5/22/2013

On April 26, 2013, the Second Circuit held that New York City Human Rights Law ("NYCHRL") claims must be analyzed separately from federal and state discrimination claims and that the severe or pervasive standard of liability...more

EEOC Holds Both Staffing Firms and Staffing Clients Responsible Under EEO Laws

by Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 4/25/2013

Recently, the EEOC filed a lawsuit against Hire Dynamics, a staffing firm. According to the complaint, after a Hire Dynamics employee filed a charge of discrimination against one of its clients, the staffing firm retaliated...more

Hire Dynamics Sued by EEOC for Retaliation

by U.S. Equal Employment Opportunity Commission... on 4/24/2013

Federal Agency Charges Staffing Company Stopped Giving Work to Employee Because He Filed EEOC Charge - ATLANTA - Hire Dynamics, LLC, a major staffing and professional recruitment company headquartered in Duluth, Ga.,...more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Landau Uniforms Settles EEOC Pregnancy Discrimination Suit for $80,000

by U.S. Equal Employment Opportunity Commission... on 4/9/2013

Health Care Clothing Manufacturer Fired Employee Due to Pregnancy, Federal Agency Charged - OXFORD, Miss. Landau Uniforms, Inc., a Mississippi-based company that manufactures and distributes medical scrubs and other...more

East Coast Waffles Settles EEOC Lawsuit for Retaliation

by U.S. Equal Employment Opportunity Commission... on 3/29/2013

Federal Agency Charged Restaurant Fired Employee for Complaining About Customer Harassment - TAMPA, Fla. - East Coast Waffles, Inc., an Atlanta-based company which owns and operates more than 100 Waffle House...more

Store Manager’s Disability And Harassment Claims Were Properly Dismissed

by Anthony Oncidi | Proskauer - California Employment Law on 3/27/2013

Cynthia Lawler alleged disability discrimination, harassment, retaliation and intentional infliction of emotional distress (“IIED”) associated with the termination of her employment. The district court granted summary...more

EEOC and Grand Central Partnership to Pay $135k to Settle EEOC Lawsuit for Retaliation

by U.S. Equal Employment Opportunity Commission... on 3/8/2013

Developer Fired Rastafarian Who Complained About Threat of Violence, Federal Agency Charged - NEW YORK - Grand Central Partnership, Inc. will pay $135,000 and furnish other relief to settle an employment...more

EEOC Wins Second Victory Against RadioShack in Retaliation Case

by U.S. Equal Employment Opportunity Commission... on 3/1/2013

55-Year-Old Manager Fired Days After He Complained About Age Discrimination; Awarded $675,000 Judgment - DENVER - The U.S. Equal Employment Opportunity Commission (EEOC) won another victory in federal court in...more

EEOC Sues Prestige Transportation Service for Pattern and Practice of Hiring Discrimination

by U.S. Equal Employment Opportunity Commission... on 2/28/2013

Company Refused to Hire Black Applicants, Federal Agency Charged - MIAMI - A Miami transportation company violated federal law by subjecting African-Americans to race discrimination, U.S. Equal Employment Opportunity...more

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/19/2013

A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more

Rising Retaliation Claims Reveal Need For Improved Employer Termination Procedures

by Michael C. Jacobson | XpertHR - Partnered with LexisNexis on 2/13/2013

According to the Equal Employment Opportunity Commission (EEOC), retaliation claims rose again in fiscal year 2012, the sixth year in a row. Given the costly and time-consuming nature of an EEOC investigation and lawsuit,...more

Mixed Motive Case Provides Mixed Results For California Employers

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 2/13/2013

In Harris v. City of Santa Monica, +2013 Cal. LEXIS 941 (2013), the California Supreme Court considered a mixed motive discrimination case in which an employer had both lawful and unlawful reasons for terminating an employee....more

Healthcare Update, No. 1, February 2013: Now, Just Why Are We Firing Bob?

by Alva Cross | Fisher & Phillips LLP on 2/8/2013

When dealing with the separation of an employee, there is often more than one thing the employee did that warranted termination. But when categorizing the reasons, it’s important for employers to avoid taking a...more

BASF Corporation to Pay $500,000 to Settle EEOC Retaliation Lawsuit Against Cognis

by U.S. Equal Employment Opportunity Commission... on 2/5/2013

Employees Were Forced to Sacrifice Their Civil Rights or Their Jobs, Agency Charged - URBANA, Ill. - BASF Corporation will pay $500,000 to settle a retaliation lawsuit filed by the U.S. Equal Employment Opportunity...more

Employee Was Properly Terminated For Lying And Failing To Cooperate During Company Investigation

by Tracey Fagelbaum | Proskauer - California Employment Law on 2/4/2013

John McGrory sued his former employer, alleging he was unlawfully retaliated against for being uncooperative and deceptive during a company investigation into allegations that he had discriminated against a subordinate...more

Kintetsu International Express to Pay $77,500 to Settle EEOC Disability Harassment, Retaliation Suit

by U.S. Equal Employment Opportunity Commission... on 2/4/2013

Supervisor Constantly Degraded Tour Coordinator with Arthritis, Then Forced Her and Co-Worker Out for Reporting Harassment, Federal Agency Charged - HONOLULU, Hawaii - Kintetsu International Express (USA), Inc. - a...more

Metro Special Police & Security Services, Inc. Sued by EEOC for Sexual Harassment and Retaliation

by U.S. Equal Employment Opportunity Commission... on 1/24/2013

Male Supervisor Subjected Male Employees to Sexual Touching and Comments, Federal Agency Charges - CHARLOTTE, N.C. - Metro Special Police & Security Services, Inc., a Charlotte-based provider of private security and...more

New Pine Ridge Restaurant to Pay $41,000 to Settle EEOC Sexual Harassment and Retaliation Suit

by U.S. Equal Employment Opportunity Commission... on 1/21/2013

Waitresses Were Abused at Merrill, Wis., Restaurant; Some Were Fired for Complaining, Federal Agency Charged - MADISON, Wis. - A Merrill, Wis., restaurant will pay $41,000 and furnish other relief under a consent...more

Sixth Circuit Rules Employers Can Avoid Fiascos Like Romney’s “47%” Recording by Banning Secret Recordings in the Workplace

by Josephine S. Noble | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/18/2013

With President Obama’s inauguration next week, I am reminded of the surreptitious recording that played a significant role in the final weeks of his campaign last year—the infamous “47%” recording. Secret recordings can have...more

EEOC’s New Strategic Enforcement Plan Highlights Emphasis on Systemic Discrimination Cases

by Jennifer Duke, Robert A. Fisher | Foley Hoag LLP on 1/17/2013

Recently, the U.S. Equal Employment Opportunity Commission (EEOC) adopted a new Strategic Enforcement Plan (SEP) setting forth its priorities and methods of enforcement for the next 4 years. ...more

No Disability Discrimination Where Employee Cannot Competently Perform Job, Ninth Circuit Holds

by Michael Newman | Barger & Wolen on 1/15/2013

In Lawler v. Montblac North American LLC, the plaintiff, Cynthia Lawler, a store manager at a boutique retail store, was diagnosed with psoriatic arthritis. Lawler initiated the action after Defendant employer terminated her...more

EEOC Sues Fidelity Engineering Corporation for Disability Discrimination and Retaliation

by U.S. Equal Employment Opportunity Commission... on 1/11/2013

HVAC Company Fired Employee Because of Heart Condition and Refused to Rehire Him After He Filed a Discrimination Charge, Federal Agency Said - BALTIMORE - A leading provider of mechanical heating, ventilation and air...more

McCormick & Schmick’s to Pay $47,814 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 1/9/2013

Deaf Prep Cook at National Harbor Restaurant Demoted, Harassed, Retaliated Against and Fired, Federal Agency Charged - BALTIMORE - McCormick & Schmick's Seafood Restaurant, Inc. will pay $47,814 and provide other...more

Southern District Of New York Dismisses NYSHRL Claims That Arose Outside New York And Retaliation Claims For Failure To...

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/23/2012

Meyers v. Medco Health Solutions, Inc., No. 09-CV-9216(RKE) (S.D.N.Y. Oct 3, 2012, Eaton, J., sitting by designation from the U.S. Court of International Trade): The plaintiff served as a senior director for the defendant...more

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Hiring & Firing › Retaliation › Discrimination