News & Analysis as of September 19, 2024

Gender Discrimination

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

UK HR Two-Minute Monthly: March 2024

BCLP on 3/28/2024

Our March update includes a case on whether a theatre and agency could dismiss an actor playing a lesbian role because of her devout Christian beliefs, and a case looking at whether an employee who spends virtually all her...more

Work Beyond Pay Grade Can Be Grounds for Constructive Termination, Court Rules

Proskauer - California Employment Law on 11/21/2022

The federal court for the Northern District of California recently declined to dismiss a former Al Jazeera International employee’s constructive wrongful termination claim against the news outlet, finding that requiring an...more

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/15/2022

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more

Good Faith Belief Leads To Employer Victory In Bias Claim

Fisher Phillips on 12/11/2019

Despite not being able to prove the alleged wrongdoings that led an Arkansas employer to terminate an employee, a federal appeals court just handed an employer a victory in a gender discrimination lawsuit because of its “good...more

Employee’s Refusal To Take Drug Test Could Not Support Age And Gender Discrimination Claims

Jackson Lewis P.C. on 1/16/2018

A federal court in Massachusetts dismissed the age and gender discrimination claims of a long-term employee who was fired after he refused to take a “reasonable suspicion” drug test. Tombeno v. FedEx Corporate Services, Inc.,...more

Yoga and Massage Therapist Fired for Being “Too Cute” Sees Gender Discrimination Revived on Grounds of Unjustified Spousal...

Sheppard Mullin Richter & Hampton LLP on 11/17/2017

A New York appeals court recently ruled in Edwards v. Nicolai (153 A.D.3d 440 (N.Y. App. Div. 1st Dep’t 2017)) that an employment termination motivated by the sexual jealousy of an employer’s spouse may support a claim for...more

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on 10/9/2017

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Spousal Jealously Provides Grounds For Discrimination Claim

Jackson Lewis P.C. on 9/8/2017

In a decision of apparent first impression in New York, an appellate court has ruled that the sexual jealousy of an employer’s spouse may be considered gender discrimination under New York State and New York City law (Edwards...more

Too Cute To Work?

Constangy, Brooks, Smith & Prophete, LLP on 8/31/2017

In New York, if you’re fired for being too cute, your boss may be guilty of gender discrimination. In a case where it sounds like we are hearing only half of the story, a yoga and massage therapist claimed that her...more

Are “Cute” Employees A New Protected Class in New York?

Kelley Drye & Warren LLP on 8/25/2017

New York employers now have a new class of employees to be wary of – the “cute”. A New York appellate court just issued a decision reviving a gender discrimination claim brought by a female plaintiff, who alleged that she...more

Transgender Claim Meets Dress Code

Sherman & Howard L.L.C. on 8/23/2016

The worlds of transgender versus religious rights collided hard recently when an EEOC action on behalf of a discharged transgender worker ran full force into a Religious Freedom Restoration Act (“RFRA”) defense, and the EEOC...more

Third Circuit Issues Employer-Friendly Ruling in Discrimination and Retaliation Case

Obermayer Rebmann Maxwell & Hippel LLP on 8/21/2015

On August 12, 2015, the Third Circuit Court of Appeals issued a precedential opinion in Jones v. SEPTA, a discrimination and retaliation claim brought by a former employee of the Philadelphia-area transit agency. The Third...more

TERMINATION: Not a ‘team player’… or sex discrimination?

McAfee & Taft on 7/24/2014

From time to time, employers discharge employees because they’re “not a good fit” or “not a team player.” While these may be perfectly good reasons for ending someone’s employment, be aware that in some situations courts or...more

It’s Just Lunch Agrees to Pay $900,000 to Settle Discrimination Suit

Hinshaw & Culbertson LLP on 7/26/2013

The dating service It’s Just Lunch USA, LLC (“It’s Just Lunch”) will pay $900,000 to settle a suit alleging that the company discriminated against men....more

Legal to Fire Female Employee for Being Irresistible?

Baker Donelson on 7/11/2013

The Iowa Supreme Court has recently withdrawn its December 21, 2012 opinion in the sex discrimination suit, Nelson v. Knight, and has declared that it will review the case....more

Labor Letter, July 2013: Can You Fire Someone For Being Too Sexy?

Fisher Phillips on 7/10/2013

In a recent case decided by the Iowa Supreme Court, the judges held that such an action is acceptable under the law. Before your mind starts wandering too far about the repercussions of this decision, let’s not get ahead of...more

EEOC Sued Fred Fuller Oil Company for Sexual Harassment and Retaliation

U.S. Equal Employment Opportunity Commission... on 7/2/2013

Despite Prior Case by EEOC, Company Owner Again Harasses and Retaliates Against Female Employees, Federal Agency Charges - BOSTON - Fred Fuller Oil Company, a Hudson, N.H.-based oil company, violated federal law when...more

Employee’s Wrongful Termination And Defamation Claims Were Properly Dismissed

Proskauer - California Employment Law on 3/27/2013

John McGrory alleged his employment was terminated because he is male and because he participated in his employer’s internal investigation. He also alleged defamation associated with a statement the vice president of human...more

Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive...

Proskauer Rose LLP on 3/27/2013

On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in...more

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

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

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