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Hiring & Firing › Title VII › Statute of Limitations

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... more +
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 -
Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Proskauer - California Employment Law

California Employment Law Notes - March 2019

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Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Refuses to Recognize a Section 1981 Private Right of Action for Damages Against State Actors

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In a recent decision, Buntin v. City of Boston, the First Circuit Court of Appeals held that there is no implied private right of action for damages against state actors under 42 U.S.C. Section 1981. In reaching that...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

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On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

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Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Laner Muchin, Ltd.

U.S. Supreme Court Provides Clarity On Statute Of Limitations In Constructive Discharge Title VII Cases

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In a ruling on May 23, 2016, the United States Supreme Court provided much needed clarity on an issue that had caused a split among federal Circuit courts: when is a claim for constructive discharge under Title VII filed too...more

Hinshaw & Culbertson LLP

Employment Practices Newsletter - June 2016

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EEOC Issues Final Regulations on Wellness Programs - It seems to be a win-win when employers who provide employees with incentives to encourage healthy behavior. But employers that do so must contend with an alphabet...more

Baker Donelson

Employers Beware: Clock Ticking on Constructive Discharge Claims

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On May 23, the U.S. Supreme Court ruled that the statute of limitations for a Title VII constructive discharge claim begins to run on the date of the employee’s notice of resignation – not on the date of the employer’s last...more

Genova Burns LLC

Tick-Tock Goes the Clock: SCOTUS Clarifies the Statute of Limitations in Constructive Discharge Actions

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On May 23, 2016, the United States Supreme Court issued its opinion in Green v. Brennan, Postmaster General, in which the Court gave aggrieved employees in workplace discrimination cases more time to file complaints against...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says Limitations Period for Discrimination Claims Runs Beginning on Date of Constructive Discharge

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Title VII and related federal civil rights laws contain short administrative claims periods that often result in preclusion of actions filed after expiration of these dates. These exclusions lead to frequent litigation...more

Obermayer Rebmann Maxwell & Hippel LLP

Spring Forward: Constructive Discharge Clock Doesn’t Start Until Employee Gives “Definite Notice” of Intent to Resign

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On May 23, 2016, the Supreme Court resolved a circuit split over the deadline for employees to pursue their administrative remedies in connection with constructive discharge claims under Title VII. Generally, employees must...more

Franczek P.C.

Resignation Date Starts the Statute of Limitations Clock In Constructive Discharge Cases, Supreme Court Holds

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On Monday, the U.S. Supreme Court ruled that the statute of limitations for purposes of filing a claim alleging constructive discharge begins to run on the date that the employee resigns, as opposed to the last discriminatory...more

FordHarrison

Supreme Court Rules that Statute of Limitations Period for Constructive Discharge Claims Begins to Run from Date of Notice of...

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The U.S. Supreme Court recently held that the statute of limitations period for constructive discharge claims under Title VII of the 1964 Civil Rights Act (Title VII) begins to run from the date that the employee gives the...more

Littler

Supreme Court Clarifies the Time Period for Initiating Constructive Discharge Claims

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On May 23, 2016, the United States Supreme Court issued its decision in Green v. Brennan, holding that the statute of limitations for a constructive discharge claim begins to run at the time the employee resigns. While the...more

Seyfarth Shaw LLP

Court Allows EEOC’s Discrimination Suit Over Religious Garb To Proceed To Jury

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In an order recently issued in EEOC v Jetstream Ground Services, Inc., Case No. 13-CV-02340 (D. Colo. Sept. 29, 2015), Judge Christine Arguello of the U.S. District Court for the District of Colorado ruled that the EEOC had...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Employment Law Authority - July/August 2015

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A federal appellate court recently reinstated a lawsuit brought by a dining services employee who claimed that she was sexually harassed by a male coworker. According to the Sixth Circuit Court of Appeals, a reasonable jury...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

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Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Burr & Forman

2014's Hottest Employment Rulings Affecting Southeastern Employers

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2014 saw a wide range of employment issues presented before the 11th Circuit. This article seeks to highlight some of the more frequently cited 11th Circuit opinions from last year. The updates below, although not earth...more

Littler

Keeping it Short: Employers Can Use Employment Applications to Reduce Employees' Time to Sue

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In a rare victory for employers, New Jersey’s Appellate Division upheld an employment application provision that shortened the two-year statute of limitations applicable to claims against an employer to six months. Rodriguez...more

Fenwick & West LLP

Fenwick Employment Brief - April 2014

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Supreme Court Confirms FICA Taxes Must be Withheld from Severance Payments - Finding severance payments to be a form of “remuneration for employment,” the United States Supreme Court in United States v. Quality Stores,...more

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