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Race Discrimination Internal Investigations

Payne & Fears

July 2024 Case Summaries

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Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

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

Connecticut Supreme Court Adopts Federal Definition of ‘Supervisor’ for State Law Hostile Work Environment Claims

A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more

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

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

TNG Consulting

I Like Spaghetti, But Not in Title IX Hearings

TNG Consulting on

A client recently asked The FAIR Center to staff a hearing panel on a complex set of allegations against a tenured faculty member. I chaired the panel along with two of the client’s panelists from their own internal pool, so...more

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

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more

Laner Muchin, Ltd.

Seventh Circuit Reiterates Who is “Similarly Situated” for Purposes of Title VII Claims

Laner Muchin, Ltd. on

In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the requirements that must be met for an employee to identify a similarly situated comparator for purposes of a Title VII claim. Gamble v. FCA...more

CDF Labor Law LLP

[Webinar] Adapting Workplace Investigations to Meet the Challenges of the Moment - April 27th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

As the pandemic crisis and the social landscape continues to evolve, so too must the techniques that employers use to investigate workplace concerns. Employer missteps when conducting internal investigations can create...more

BCLP

UK HR Two Minute Monthly: employment status, harassment and reasonable steps, workplace surveillance and unfair dismissal

BCLP on

The Supreme Court Delivers Verdict in Landmark Uber Case - As we reported in our dedicated update, the Supreme Court gave judgment in the final appeal in relation to the Uber litigation at the end of February, unanimously...more

Jackson Lewis P.C.

2021: The Year Ahead For Employers

Jackson Lewis P.C. on

In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...more

Franczek P.C.

Nightmare on Your Street? How to Respond to Controversial Costumes in School

Franczek P.C. on

You’ve probably heard that Megyn Kelly is out at NBC for making comments about white people wearing blackface at Halloween. And just a few days ago, a first grade Iowa teacher, Megan Luloff, came under investigation from her...more

Parker Poe Adams & Bernstein LLP

Warnings and Loss of Bonus Deemed Acceptable Response to Harassment Complaints

Employers understand that once they become aware of allegations of workplace harassment, they are legally obligated to investigate the claims and if appropriate, to take disciplinary action against the harasser. In some...more

Foley & Lardner LLP

“Cat’s Paw” – Or Perhaps “Tiger’s Paw” Theory Now

Foley & Lardner LLP on

For those interested in the origin, the term “cat’s paw” derives from a fable of a monkey who employs flattery to convince a cat to pull chestnuts out of a fire. Today the term commonly refers to a person used unwittingly or...more

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