News & Analysis as of

Race Discrimination Summary Judgment

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

A Cautionary Tale That Context Matters

by Foley & Lardner LLP on

In the shifting landscape of employment law, a recent case illustrates the need to apply context and consider all the circumstances – even when it looks like a general rule applies. In this particular case, involving race and...more

Chris Lazarini Comments on Direct vs. Circumstantial Evidence in Discrimination Case

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a former financial advisor of JPMS claimed his employment was terminated based on racial discrimination. Through application of the three-part burden...more

Direct Evidence of Racist Remarks Dooms Employer Motion for Summary Judgment

by Jackson Lewis P.C. on

A federal court in Tennessee denied an employer’s motion for summary judgment on an African-American employee’s race discrimination and hostile work environment claims under Title VII and state law. The decision was based in...more

Fourth Circuit Affirms Summary Judgment Based on Lack of Comparator Evidence

by Nexsen Pruet, PLLC on

On March 7, 2017, the Fourth Circuit Court of Appeals, which includes North and South Carolina, upheld a trial court’s order granting summary judgment to the District of Columbia in a race discrimination lawsuit brought by a...more

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Public Policy of Deciding Cases on the Merits Weighs in Favor of Granting Continuance Requests Based on Good Cause

In Hamilton v. Orange Cnty. Sheriff’s Dep’t, 2017 No. G051773, the California Court of Appeal, Second District, reversed the trial court’s denial of the parties’ stipulation to continue a hearing on a motion for summary...more

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

by Littler on

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

Seventh Circuit Clarifies Evidentiary Standard for Employment Discrimination Claims

by Holland & Knight LLP on

In Ortiz v. Werner Enterprises, Inc., the U.S. Court of Appeals for the Seventh Circuit clarified its standard for evaluating evidence in employment discrimination cases and rejected prior decisions to the extent they...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19496 - Commission on Human Rights & Opportunities v. Echo Hose Ambulance - The issue of this case was whether or not an unpaid volunteer, in this case for an ambulance...more

JSH Attorneys Conquer Employment Discrimination Case Against A Local County

Jones, Skelton & Hochuli attorneys Michele Molinario, Justin Ackerman, and Amelia Esber prevailed by summary judgment in an employment discrimination case against a local County, and various County employees. The case...more

Employment Law - June 2016 #2

California Considers Extending Fair Pay Act to Race, Ethnicity - Why it matters - Reflecting the nationwide trend of pay equity, a new bill under consideration by California legislators would extend the state's Fair...more

Lesson On EEOC Language Litigation: Employer Denied Summary Judgment After Terminating Non-English Speaking Employees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Court denied employer’s motion for summary judgment in EEOC race and/or national origin discrimination case involving the termination of non-English speaking employees. In EEOC v. Wisconsin Plastics,...more

Massachusetts SJC Lightens Plaintiffs’ Summary Judgment Burden in Employment Discrimination Cases

Last week, the Massachusetts Supreme Judicial Court issued a seminal ruling in Bulwer v. Mt. Auburn, which clarified the type of evidence an employment discrimination plaintiff needs to defeat a summary judgment motion. In...more

SJC Rules in Employment Discrimination Cases a Plaintiff Need Only Show the Reason for Discharge was Untrue to Survive Summary...

by Foley Hoag LLP on

On February 29, 2016, the Massachusetts Supreme Judicial Court (“SJC”), in Bulwer v. Mount Auburn Hospital, articulated the type of evidence required for a plaintiff to survive summary judgment and have his claims heard by a...more

Is a Threatened Pay Cut an Adverse Action? Fifth Circuit Issues Pro-Employer Ruling in Retaliation Case

In Brandon v. Sage Corp., the Fifth Circuit Court of Appeals affirmed a decision from the Western District of Texas granting summary judgment in favor of a truck driving school. The issue in the case concerned whether the...more

If At First You Don’t Succeed, Plead, Plead Again…

by Seyfarth Shaw LLP on

In Wynn, et al. v. The New York City Housing Authority 14 Civ. 2818 (S.D.N.Y. July 29, 2015), several employees (who were either African-American or Hispanic) alleged that their employer, the New York City Housing Authority...more

Federal Court Says Employer Can Be Liable for Acts of Anonymous Harasser

As a major national company learned recently, employers cannot shirk their obligations to investigate employee complaints of a hostile work environment simply because the identity of the harasser is unknown. Failure to...more

New York Court of Appeals Applies Federal Impact Analysis Under State Law

Margerum v. City of Buffalo, 24 N.Y.3d 721 (N.Y. Feb. 17, 2015): The New York Court of Appeals held that, where an employer has allegedly engaged in intentional discrimination to avoid or remedy an unintentional disparate...more

Second Circuit Finds Possible Pretext in Vague Justification for Non-Transfer

On July 14th, the U.S. Court of Appeals for the Second Circuit vacated an award of summary judgment for the defendants in Abrams v. Department of Public Safety, State of Connecticut, et al., Case No. 13-111, holding that...more

Proskauer Wins Summary Judgment On Behalf Of Paramount Pictures

On December 16, we obtained summary judgment on behalf of our client, Paramount Pictures Corporation, in a case brought by a former paralegal in the studio’s Business Affairs Administration department. The plaintiff claimed...more

Employer's Use of Spreadsheet Categorizing Employees by Race Supports Plaintiff's Discrimination Claim

by Baker Donelson on

An employer's use of a spreadsheet categorizing employees in part by race doomed its attempt to obtain summary judgment on a former employee's race discrimination claims in the case of Fuller v. Edward B. Stimpson Co., Inc.,...more

What Do an Application Process and a Suit Claiming Discrimination Have in Common?

The Third Circuit Court of Appeals recently upheld a lower court’s summary judgment decision, finding that an applicant who refused to complete an application without some guarantee that a particular individual would not...more

Do Employees Have to Prove They Suffered An Adverse Action to Sue for Discrimination? Maybe Not!

Employees suing for discrimination have to prove that they suffered an adverse employment action, right? Maybe not, according to the Sixth Circuit Court of Appeals’ decision in Litton v. Talawanda School District, No. 10-3559...more

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