News & Analysis as of

Motion to Dismiss Equal Employment Opportunity Commission (EEOC) Retaliation

Genova Burns LLC

The Devil is in the Details: NJ District Court Demands Details of Sexual Harassment to Defeat Motion to Dismiss

Genova Burns LLC on

On April 12, 2021, the New Jersey District Court for the District of New Jersey in Spence v. New Jersey, et al., granted in part and denied in part a motion to dismiss an employee’s sexual harassment and retaliation claims...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says Employee Cannot Claim Retaliation if Actions Interfered With Job Performance

Federal civil rights laws prevent retaliation against employees who oppose discriminatory conduct in the workplace. What happens, however, when the employee’s oppositional conduct interferes with the performance of her job...more

Seyfarth Shaw LLP

EEOC Argues that Sexual Orientation Discrimination by a Heterosexual Person can Constitute a Protected Activity

Seyfarth Shaw LLP on

In her appeal to the Fifth Circuit, Plaintiff Bonnie O’Daniel argues that the trial court wrongly concluded that it was unreasonable for O’Daniel to believe that a complaint about discrimination based on sexual orientation...more

Stinson LLP

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

Stinson LLP 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

Seyfarth Shaw LLP

Don’t Lose Sleep Over It…Yet

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

Proskauer - California Employment Law

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

Proskauer - Law and the Workplace

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

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