News & Analysis as of September 22, 2024

Dismissals

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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 -

Second Circuit Clarifies Factors to be Considered in Pleading a Joint Employer Relationship for Title VII Liability

FordHarrison on 3/21/2022

Executive Summary: On March 7, 2022, a sharply divided panel of the Second Circuit (covering New York, Connecticut, and Vermont) addressed the question of what a Title VII plaintiff must claim to adequately plead the...more

Will The Ministerial Exception Bar A Hostile Work Environment Claim?

Fisher Phillips on 12/2/2020

Religious schools expressed relief when the United States Supreme Court expanded the application of the ministerial exception in July 2020 in the combined cases of Our Lady of Guadalupe School v. Morrisey-Berru and St. James...more

Seventh Circuit Says One Use of "N-Word" Insufficient for Racial Harassment Claim

Parker Poe Adams & Bernstein LLP on 9/6/2019

In recent years, a number of federal appellant courts, including the Fourth Circuit, have issued opinions finding that a single use of a racial slur can be enough to constitute a hostile and offensive working environment...more

Key California Employment Law Cases: March 2019

Payne & Fears on 5/2/2019

This month’s key employment law cases address the religious organization exemption under Title VII of the Civil Rights Act and arbitration agreements....more

Guarantees Not Required—For Now - Court Rules For Employer In Religious-Based Scheduling Accommodation Case

Fisher Phillips on 2/8/2019

Healthcare industry employers routinely face staffing shortages and scheduling problems. National shortages are well-publicized, and the problem continues to grow as the demand for healthcare workers rises along with the age...more

Don’t Ignore the Kissing Supervisor—Court Rules that Employer’s Knowledge of Past Behavior Negates Faragher-Ellerth Defense

Bradley Arant Boult Cummings LLP on 9/13/2018

Employment lawyers and most HR professionals are familiar with the Faragher-Ellerth defense to a claim of sexual harassment. In short, if an employer can show that (1) it exercised reasonable care to prevent and correct...more

Protecting Employees From Patient Harassment: It’s No Laughing Matter

Fisher Phillips on 8/2/2018

“Claims of sexual harassment typically involve the behavior of fellow employees. But not always.” So begins a recent opinion from the 5th Circuit Court of Appeals that illustrates the dangers of failing to take an employee’s...more

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on 6/8/2018

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

[Podcast]: Recent Developments in Title VII

Proskauer - Law and the Workplace on 3/28/2018

In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the latest developments in Title VII. We will discuss the two recent circuit court decisions concerning the scope of sex...more

Eleventh Circuit Decision May Prompt Supreme Court to Determine Coverage of Sexual Orientation Bias Under Title VII

Parker Poe Adams & Bernstein LLP on 7/19/2017

On July 6, the full Eleventh Circuit Court of Appeals declined to hear the appeal of a case dismissing a sexual orientation bias claim under Title VII for lack of jurisdiction. This decision creates a split among the federal...more

Chris Lazarini Examines Case of Constructive Discharge in Employment Discrimination Case

Bass, Berry & Sims PLC on 11/17/2016

Bass, Berry & Sims attorney Chris Lazarini examined a case where Plaintiff, a 61-year-old female bank employee, sufficiently pleaded constructive discharge in support of her employment discrimination claims where she was...more

School of Hard (Dread) Locks: EEOC Loses Appeal Over Hairstyle Ban

Bradley Arant Boult Cummings LLP on 9/20/2016

Last week the Eleventh Circuit Court of Appeals affirmed a lower court’s dismissal of a case the EEOC filed over a job applicant’s short dreadlocks. In 2010, Chastity Jones, an African American, applied for a position with...more

EEOC Loses Landmark Transgender Discrimination Case

Seyfarth Shaw LLP on 8/19/2016

Seyfarth Synopsis: In one of the first two ever transgender discrimination cases brought by the EEOC, a federal court in Michigan granted the employer’s motion for summary judgment, finding the employer met its burden in...more

Abercrombie Resolves Religious Discrimination Case Following Supreme Court Ruling in Favor of EEOC

U.S. Equal Employment Opportunity Commission... on 7/29/2015

WASHINGTON - A federal appeals court has granted Abercrombie & Fitch's request to dismiss its appeal of EEOC's successful religious discrimination suit against the company, the federal agency announced today. This represents...more

Hospital May Fire Employee Whose Religion Prevented Working in Abortion Unit

Faegre Drinker Biddle & Reath LLP on 7/9/2015

In 2012 Nikita Montgomery was hired to work in the Planned Parenthood department of a county hospital. In accepting the employment, she told the hiring manager that she had left her employment at another family planning...more

Court Dismisses EEOC's Controversial Lawsuit Challenging Standard Provisions in Separation Agreements

Foley & Lardner LLP on 9/24/2014

Earlier this year, the EEOC brought a lawsuit in federal court in Illinois claiming that the severance agreement used by a nationwide retail pharmacy in connection with the terminations of hundreds of employees unlawfully...more

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