#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®
Day 18 of One Month to Better Compliance Through HR- Using Promotions to Operationalize Compliance
On August 18, 2023, the full Fifth Circuit Court of Appeals expanded the range of negative employer actions that can serve as a basis for an employment discrimination lawsuit. This decision overruled established precedent...more
Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth...more
Food Services Supplier Failed to Promote Female Employee to Sous Chef, Federal Agency Alleged - HOUSTON - Compass Group USA, Inc. will pay $10,000 to settle a sex discrimination and retaliation lawsuit filed by the U.S....more
It’s not unusual to see an employee terminated or disciplined for workplace harassment to in turn file a charge with the Equal Employment Opportunity Commission, alleging that the employer’s reasons for the move were pretext...more
Gold Mine Refused to Promote Female Miner Then Retaliated When She Complained, Federal Agency Charged - FAIRBANKS, Alaska - Alaska-based Northern Star (Pogo) LLC, formerly known as Sumitomo Metal Mining Pogo, LLC, will...more
Seyfarth Synopsis: According to the 4th Circuit, a female employee who was subjected to false rumors that her promotion was a result of sleeping with the boss can levy her claim for sex-based discrimination against her...more
Seyfarth Synopsis: On February 4, 2019, in Woods-Early v. Corning Corp., Case No. 18-CV-6162, a race discrimination class action, Judge Frank P. Geraci, Jr. of the U.S. District Court for the Western District of New York...more
For years, employment lawyers on both sides have disagreed on what is required to obtain class treatment in a Title VII discrimination case. ...more
On November 30, 2018, the U.S. District Court for the Southern District of New York determined that a company’s decentralized pay and promotion structure made the matter unfit for class and collective certification under...more
Seyfarth Synopsis: In a major end-of-the-year ruling, employers scored a significant victory in terms of the denial of class certification in a major gender discrimination case that has been closely watched by the media and...more
Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address...more
Dealership Rejected Qualified Female Employee Due to Her Sex, Federal Agency Charged - MIAMI - AutoNation-owned dealership, Abraham Chevrolet-Miami, Inc., which does business in Coral Gables, Fla. under the name...more
Dealership Passed Over Qualified Female Employee Nine Times for General Manager Position, Federal Agency Charged - TAMPA, Fla.- Ferman Automotive Group and Cigar City Motors, which owns and operates the Tampa...more
Fermilab Denied Promotion to Female Engineer After She Complained About Sex-Based Discrimination, Federal Agency Charges - CHICAGO - Fermi National Accelerator Laboratory ("Fermilab") violated civil rights law by failing...more
Sports Merchandise Retailer Permitted Racist Slurs and Refused to Promote an Employee Who Complained - JACKSONVILLE, Fla. -- Fanatics Retail Group, Inc. violated federal law by subjecting employees to racial...more
Company Failed to Promote African-American Employees to Management, Federal Agency Charged - BIRMINGHAM, Ala. - Car Wash Headquarters, doing business as Mister Car Wash and Mister Hotshine has agreed to pay $225,000 in...more
The Eleventh Circuit’s holding in Bowen v. Manheim Remarketing, Inc., 882 F.3d 1358 (11th Cir. 2018) reiterates an employer’s heavy burden to establish an affirmative defense in order to win summary judgment in cases alleging...more
Food Service Supplier for UTMB Denied Female Employee a Promotion Due to Her Sex, Federal Agency Charges - HOUSTON - Morrison Management Specialists Inc., a division of Compass Group USA Inc., unlawfully denied a...more
Seyfarth Synopsis: In an ADEA action brought by the EEOC alleging that the New Mexico Department of Corrections failed to promote correctional officers over the age of 40, a federal district court in New Mexico denied the...more
Beverage Wholesaler and Distributor Refused to Promote Black Employees to Route Sales Positions, Federal Agency Charges - BIRMINGHAM, Ala. - Birmingham Beverage Co. Inc., dba AlaBev, a Delaware corporation headquartered in...more
Earlier this month, in EEOC v. Union Pacific Railroad, No. 15-3452, F.3d (7th Cir. Aug. 15, 2017), the Seventh Circuit issued a decision regarding the scope of the EEOC's right to investigate. It determined that neither the...more
Seyfarth Synopsis: In Smith v. City of Boston, Plaintiffs brought suit against their employer, the City of Boston (the “City”), challenging the City’s police promotional exam from sergeant to lieutenant. Plaintiffs alleged...more
In a landmark decision, the Seventh Circuit recently held that discrimination on the basis of sexual orientation is a form of actionable sex discrimination under Title VII of the federal Civil Rights Act of 1964. Unlike the...more
Milk Manufacturer Denied Promotions to a Woman Because of Sex, Federal Agency Charged - DETROIT - Country Fresh, LLC, a milk manufacturer which operates in Livonia, Mich., a suburb of Detroit, will pay $84,750 to settle...more
Since its enactment, courts have followed the premise that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. A changing of the tides began in July 2015, when the Equal Employment...more