In the context of analyzing a Title VII Civil Rights and Massachusetts law “disparate impact” claim, a federal court has cast considerable doubt on the efficacy of statistical tools employed in “disparate impact” analysis. In...more
A history of workplace racial imbalance might undermine your legitimate non-discriminatory reason for a promotion decision. In Ahmed v. Johnson, No. 13-1054 (1st Cir. May 21, 2014), the plaintiff argued he was passed over for...more
The First Circuit Court of Appeals held that an employer may have discriminated against an employee by not giving him a discretionary promotion upon his return from a military deployment in Rivera-Melendez v. Pfizer Pharm.,...more
After suffering defeat in the United States Supreme Court, Plaintiffs in Dukes et al. v. Wal-Mart Stores, Inc. returned to court in California in an attempt to certify a newly defined and smaller class of 150,000 current and...more
On August 6, DLA Piper hosted a program addressing Unconscious Bias and Subjective Decision Making - The Practical and Legal Ramifications.
Rachel Cowen and Margaret Keane, partners in DLA Piper's Employment practice,...more
Female workers have sued Wal-Mart in a number of cases around the country, following the Supreme Court ruling in 2011 rejecting a nationwide class action. These new regional cases often make the same allegations of...more
Images of American flags and proud men and women in uniform were all around last month, as they are every Memorial Day. It is a good time to reflect on the military service of so many of our fellow citizens....more
Litigation Value: None.
I think The Office gods have been reading my blog entries and decided that they’d give me an hour-long episode with very few legal issues....more
On April 5, 2013 the U.S. Court of Appeals for the 11th Circuit issued its opinion in Landolfi v. Melbourne1, holding that although an employee’s military service motivated the employer’s promotion decisions, his Uniformed...more
Both public and private employers should take note of a recent decision by the Sixth Circuit Court of Appeals that rejected a disgruntled employee’s contention that she was denied promotion because of a “perceived...more
A fifth regional class action gender discrimination case has been filed against Wal-Mart. This latest case, brought in Wisconsin, claims Wal-Mart discriminates against women in pay and promotions at the store level in states...more
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