Reversal, Discrimination | JD Supra Law News

Employment Flash - February 2013

by Skadden, Arps, Slate, Meagher & Flom LLP on 2/26/2013

In This Issue: - Ohio Supreme Court Reverses Decision on Surviving Merger Entity’s Ability to Enforce Noncompetition Agreements - “Sweet” Decision for California Employers: Court Approves Time Rounding in Case...more

California Supreme Court Eliminates Damages in FEHA Discrimination Cases Where Employer Proves Mixed Motive Defense

by Byron Lau, Lena Ryan | Orrick - Global Employment Law Group on 2/25/2013

Earlier this month, the California Supreme Court issued a ruling clarifying details of the “mixed-motive” defense applicable to discrimination claims under the California Fair Employment and Housing Act (“FEHA”). Harris v....more

Third Circuit "Clarifies" Continuing Violation Doctrine

by John Barry, Joseph C. O'Keefe, Lawrence Sandak, Daniel Saperstein | Proskauer Rose LLP on 2/25/2013

In Mandel v. M & Q Packaging Corp., No. 11-3913, 2013 WL 141890 (3d Cir. Jan. 14, 2013), the U.S. Court of Appeals for the Third Circuit "clarified" the application of the continuing violation doctrine as defined by the U.S....more

California Supreme Court Rules On Mixed Motive Defense To Discrimination Claims, But Large Verdicts Persist…

by Jacquelyn Ferry | Proskauer - California Employment Law on 2/22/2013

Wynona Harris, a bus driver for the City of Santa Monica (the City), alleged that she was fired because of her pregnancy in violation of the prohibition against sex discrimination under the Fair Employment and Housing Act...more

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/19/2013

A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more

Sixth Circuit Issues Second Victory to EEOC in Sex Discrimination Case Against Cintas Corp.

by U.S. Equal Employment Opportunity Commission... on 1/21/2013

Court Denies Rehearing of Its Earlier Ruling Allowing Systemic Hiring Discrimination Case and Overturning Award of Attorney's Fees; Cintas CEO Likely to be Deposed - WASHINGTON - In a second victory for the U.S. Equal...more

Judge Reverses Prior Rulings Dismissing Case and Allows EEOC Disability Suit Against UPS to Proceed

by U.S. Equal Employment Opportunity Commission... on 1/16/2013

Federal Court Affirms Agency May File Class Complaint Without Complete Information on All Possible Bias Victims CHICAGO - On its own motion, a federal district court reversed itself Friday and denied a defendant's...more

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Reversal › Discrimination