News & Analysis as of

Motion to Dismiss Equal Employment Opportunity Commission

Keys To Successor Liability: EEOC Discrimination Suit In Alabama

by Seyfarth Shaw LLP on

Seyfarth Synopsis: An Alabama district court granted a temporary staffing company’s motion to dismiss all claims in one of the EEOC’s most high-profile lawsuits asserting hiring discrimination and abuse of vulnerable workers....more

Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination

by Seyfarth Shaw LLP on

Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity. In EEOC v. R.G....more

Court Affirms Incorporating Federal Labor Laws Into Tribal Code Does Not Waive a Tribe's Sovereign Immunity

by Stinson Leonard Street on

On February 21, 2017, a federal court in Wisconsin reaffirmed a tribe's sovereign immunity with respect to Title VII claims of wrongful termination. See Bruguier v. Du Flambeau, 16-cv-604-jdp, (W. Dist Wisc. February 21,...more

Sexual Orientation Discrimination is Prohibited by Title VII, Federal Court Rules

by Jackson Lewis P.C. on

The prohibition against sex discrimination under Title VII of the Civil Rights Act extends to sexual orientation, Judge Cathy Bissoon of the Western District of Pennsylvania has ruled. EEOC v. Scott Medical Health Ctr., No....more

Don’t Lose Sleep Over It…Yet

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Do employers have to let employees sleep on the job as a reasonable accommodation for a disability? While far from being decided, a recent federal case in the Southern District of New York addresses the...more

The Texas Two-Step: Fifth Circuit Withdraws Ruling that Allowed Texas to Proceed with EEOC Background Check Lawsuit

The legal showdown between the State of Texas and the Equal Employment Opportunity Commission (EEOC) over the agency’s background check guidance took another turn on September 23, 2016, when the Fifth Circuit Court of Appeals...more

No Texas Hold ‘Em: Fifth Circuit Allows Texas to Challenge the EEOC Enforcement Guidance

A somewhat surprising decision in favor of the State of Texas was handed down from the Fifth Circuit Court of Appeals on June 27, 2016, which held that (i) Texas had standing to challenge the Equal Employment Opportunity...more

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

EEOC Suit Challenging Doherty Enterprises' Attempt to Bar Discrimination Charges Will Go Forward

Court Rejects Doherty's Argument That EEOC Cannot Proceed Without Discrimination Charge and Conciliation, Denies Motion to Dismiss - MIAMI - A federal judge has denied a motion to dismiss a claim for a pattern or...more

EEOC’s “Reverse” National Origin Discrimination Suit Survives Motion to Dismiss

by Franczek Radelet P.C. on

This week, a federal district court ruled that the U.S. Equal Employment Opportunity Commission (EEOC) made sufficient factual allegations of intentional discrimination against a local farming company to survive a motion to...more

Second Circuit Clarifies Pleading Standard for Title VII Claims

A Second Circuit panel recently revived a former employee’s racial discrimination suit against New York City, reversing in part the Southern District of New York’s dismissal of her case. In Littlejohn v. City of New York,...more

EEOC to proceed with class action disability discrimination case against UPS

by Hinshaw & Culbertson LLP on

In a ruling that could negatively impact employers, an Illinois federal judge has allowed the Equal Employment Opportunity Commission (“EEOC”) to proceed with a class action disability discrimination case against United...more

Vegan Employee May Proceed with Religious Discrimination Claim

A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more

Judge Reverses Prior Rulings Dismissing Case and Allows EEOC Disability Suit Against UPS to Proceed

Federal Court Affirms Agency May File Class Complaint Without Complete Information on All Possible Bias Victims CHICAGO - On its own motion, a federal district court reversed itself Friday and denied a defendant's...more

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Cybersecurity

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