News & Analysis as of

Punitive Damages Compensatory Damages Retaliation

Proskauer Rose LLP

Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

Proskauer Rose LLP on

Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more

McGlinchey Stafford

Workplace Retaliation: Court Slashes $366M Jury Verdict

McGlinchey Stafford on

This significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees. Thorough documentation...more

Proskauer - California Employment Law

L.A. Jury Delivers Mother of All Verdicts – $464 Million to Two Employees!

As we have previously reported, jury verdicts in employment cases have continued to skyrocket in recent months, and there is no sign they are leveling off. Late last week, a Los Angeles Superior Court jury awarded a total of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Geisinger Health and Affiliates for Disability Discrimination and Retaliation

Health System Failed to Reasonably Accommodate Class of Workers with Disabilities, Federal Agency Charges - PHILADELPHIA – Geisinger Health, Geisinger Health System Foundation doing business as Geisinger Health System,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Lodging Lane Hospitality for Sexual Harassment and Retaliation

Hotel Manager Sexually Harassed Female Housekeeper for Months and Then Fired Her for Complaining About It, Federal Agency Charges - OXFORD, MS – Lodging Lane Hospitality, doing business as Home2 Suites and owned and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Fresh Venture Foods for Sexual Harassment and Retaliation

Produce Processing Company Failed to Respond to Multiple Complaints, Federal Agency Charges - LOS ANGELES — Fresh Venture Foods, LLC, a produce processing and shipping company based in Santa Maria, California, violated...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Jerry’s Chevrolet for Pay Discrimination and Retaliation

Car Dealership Fires Female Dispatcher Who Complained About Unequal Pay, Federal Agency Says - BALTIMORE – Jerry’s Chevrolet, Inc., an automobile dealership in Baltimore, violated federal law when it paid a female...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues National Raisin and Select Staffing for Sexual Harassment and Retaliation

Dried Fruit Supplier and Employment Placement Co. Failed to Address Sexual Harassment, Federal Agency Charges - FRESNO, Calif. — Sunshine Raisin Corporation, dba National Raisin, and Real Time Staffing Services, LLC, dba...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Suisan Company, Ltd for Racial Harassment and Retaliation

Food Distributor Condoned Racial Harassment and Retaliated Against African American Employee for Complaining, Federal Agency Charges - HONOLULU – Suisan Company, Limited (Suisan), a food distributor on the Big Island of...more

U.S. Equal Employment Opportunity Commission...

NDI Office Furniture to Pay $150,000 to Settle EEOC Sex Discrimination and Retaliation Lawsuit

Furniture Distributor Refused to Hire Women for Warehouse Work and Fired Female Applicant's Son After She Complained About Discrimination, Federal Agency Charged - BIRMINIGHAM, Ala. – Nashville-based NDI Office Furniture,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues DBBH Holdings for Retaliatory Discharge

David’s Trash Service Unlawfully Fired Driver for Discrimination Complaints, Federal Agency Charges - RALEIGH, N.C. – Washington, N.C.-based DBBH Holdings, Inc., operating as David’s Trash Service, violated federal law...more

Bilzin Sumberg

Black Franchisees Not Lovin’ It In Ongoing Dispute With McDonald’s Over System Practices

Bilzin Sumberg on

Washington v. McDonald’s USA, LLC, No. 4:21-cv-00367 (N.D. Ohio Feb. 16, 2021) — Herbert Washington, once one of McDonald’s largest Black franchisee owners, filed suit in the District Court for the Northern District of Ohio...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Chipotle Mexican Grill for Sexual Harassment and Retaliation

Restaurant Allowed Coworker to Repeatedly Harass Manager and Fired Her for Complaining, Federal Agency Charges - TAMPA, Fla. – Chipotle Mexican Grill, Inc., an international restaurant chain, violated federal law when a...more

Fisher Phillips

Pinterest’s Former Chief Operating Officer Levies Claims Of Gender Bias Against Company

Fisher Phillips on

Former Pinterest Chief Operating Officer and top ranking female executive Françoise Brougher just filed a 17-page complaint in San Francisco Superior Court against Pinterest alleging a toxic work environment that allowed...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Davis & Davis Enterprise / All Secure Security for Pay Discrimination

Baltimore Security Company Paid Female Employees Less Than Male Coworkers, Federal Agency Charged - BALTIMORE - Davis & Davis Enterprise, Inc., also known as All Secure Security Company, a Baltimore-based security guard...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Cañon City Chili’s Restaurant for Sexual Harassment and Retaliation

DENVER - A Chili's  restaurant in Cañon City, Colorado, violated federal law by subjecting  female employees to sexual harassment and retaliation, the U.S. Equal  Employment Opportunity Commission (EEOC) charged in a lawsuit...more

Fisher Phillips

Lawyers Suing Lawyers: Spate of Pay Equity Litigation Brought By Female Partners Against Their Firms

Fisher Phillips on

Call it ironic, but even providers of legal services are targets for pay equity litigation. Case in point: a $300 million dollar class action lawsuit filed against a labor and employment law firm in the U.S. District Court...more

Bradley Arant Boult Cummings LLP

The More You Know... Or Others Think You Know: Fifth Circuit Finds Decision-maker Had Knowledge to Constitute Retaliation

The Fifth Circuit has issued another opinion in the continuing saga of Jackson State University and its past athletic director, Dr. Vivian Fuller—this one about retaliation against a witness. To refresh everyone’s memory: A...more

U.S. Equal Employment Opportunity Commission...

EEOC Sued Diversified Maintenance Systems for Race Discrimination and Retaliation

Tampa-Based Janitorial Service Provider Rejected African-Americans for Jobs and Punished Black Employee for Opposing Discrimination, Federal Agency Charges - BALTIMORE - Janitorial Service Provider Diversified Maintenance...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Denies Punitive and Compensatory Damages for ADEA Retaliation Claims, Creates Circuit Split

The U.S. Court of Appeals for the Fifth Circuit, which covers Texas, Louisiana, and Mississippi, recently found that punitive and compensatory damages are not available for retaliation claims brought under the federal Age...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Allows Award of Compensatory Damages for FLSA Overtime Violation

In its December Vaughn decision, the Fifth Circuit Court of Appeals concluded that plaintiffs in age discrimination cases may not collect compensatory or punitive damages. The court based its decision on its interpretation of...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Rejects EEOC's Position on Punitive Damages for Age Discrimination

Last month, the Fifth Circuit Court of Appeals confirmed its earlier position that compensatory and punitive damages are not available to plaintiffs who allege violation of the Age Discrimination in Employment Act (ADEA)....more

Mayer Brown

Kansas City Gives St. Louis A Run For The Money–Literally

Mayer Brown on

St. Louis and Kansas City have long been cross-state baseball rivals. Who can forget the 1985 I-70 World Series? So it is hardly surprising that on the eve of St. Louis being named by the American Tort Reform Association...more

Mayer Brown

Ninth Circuit Substantially Reduces Punitive Award Against Walgreen

Mayer Brown on

Things have been quiet in the world of punitive damages for the last few months, but two recent decisions substantially reducing punitive awards under the BMW/State Farm factors warrant mention. My colleague Miriam Nemetz...more

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