News & Analysis as of

Motion to Dismiss Employment Discrimination

Proskauer - Law and the Workplace

Job Applicant’s Algorithmic Bias Discrimination Lawsuit Survives Motion to Dismiss

In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue...more

Proskauer - Law and the Workplace

Judge Grants Workday, Inc.’s Motion to Dismiss in Groundbreaking AI Class Action Lawsuit Mobley v. Workday

In a recent development in Mobley vs. Workday, Inc., the novel class action lawsuit filed in the United States District Court for the Northern District of California alleging that Workday’s algorithm-based applicant screening...more

Littler

The Fifth Circuit Announces New Standard for Pleading a Title VII Claim

Littler on

The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision" to properly allege a disparate treatment claim. Applying a strict...more

Littler

Opening Pandora’s Box: Oregon Court of Appeals Holds That “Any Person” Can Be Held Liable Under Oregon’s Aiding and Abetting...

Littler on

On June 23, 2021, in Charlton v. Ed Staub and Sons Petroleum, Inc. and Quicksilver Contracting Company, the Oregon Court of Appeals reversed the dismissal of the plaintiff’s “aiding and abetting” discrimination and...more

Rivkin Radler LLP

The Employment Law Reporter - February 2021

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed the dismissal of an employment discrimination lawsuit. •A mediation agreement that...more

Holland & Knight LLP

Religious Institutions Update: September 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more

Fisher Phillips

Tennis Coach Wins First Set In Gender Bias Match Against University

Fisher Phillips on

It goes without saying that federally funded educational institutions cannot discriminate on the basis of gender. Some federal courts believe Title IX is the proper statute upon which to base employment discrimination claims,...more

Nutter McClennen & Fish LLP

Claim for Breach of Non-Compete Agreement Survives Anti-SLAPP Motion to Dismiss

In a dispute between a former employee and former employer over violation of a non-compete/non-disclosure agreement and other related claims, Judge Salinger denied the employee’s motion to dismiss under Massachusetts’...more

Jackson Lewis P.C.

Timing Is Everything: Federal Judge Permits Suit To Continue Despite Time-Barred Allegations

Jackson Lewis P.C. on

A federal magistrate in New York has recommended that an employment discrimination case survive a dismissal motion even though some of the claims relied on facts that occurred outside the statute of limitation. Grimes-Jenkins...more

Seyfarth Shaw LLP

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

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

Saul Ewing LLP

Third Circuit Affirms Dismissal of Former Employee’s Bad Faith Claims Against Company’s Insurer

Saul Ewing LLP on

United States Court of Appeals for the Third Circuit affirms District Court’s ruling that company’s liability insurer does not owe a duty to settle to former employee in action against company. Steven LeBoon was...more

FordHarrison

Confidential Documents Potentially Safer From Employee Misappropriation Says New Jersey's Supreme Court

FordHarrison on

On the heels of an appellate decision providing employees a virtual how-to manual to misuse and exploit confidential employer documents and safely provide them to a competitor, New Jersey's Supreme Court reversed course last...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide