News & Analysis as of

Sex Discrimination Discrimination Termination

Hinshaw & Culbertson - Employment Law...

Second Circuit Dismisses Remote Employee's Discrimination Claim Brought Under New York State Human Rights Law

On March 20, 2024, the Second Circuit dismissed a remote employee's discrimination claim brought under the New York State Human Rights Law (NYSHRL). The Court held that the employee's discrimination did not meet the "impact...more

FordHarrison

It’s about Tyne to Try Something New: The Burden of the Standard of Proof

FordHarrison on

Executive Summary - In January, the Eleventh Circuit issued a decision that likely will impact employers’ litigation strategies in discrimination cases. In Tynes v. Florida Department of Juvenile Justice, the court...more

Bradley Arant Boult Cummings LLP

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

U.S. Equal Employment Opportunity Commission...

Construction Contractor Sued by EEOC for Sex Discrimination

Company Systematically Fired Female Sheet Metal Workers, Federal Agency Charged - NEW YORK - Vamco Sheet Metals, Inc. violated federal law by serially firing female sheet metal workers working for the company on a...more

Genova Burns LLC

Lactation and Breast-Feeding Are “Pregnancy Related Conditions” Protected Under Title VII

Genova Burns LLC on

In EEOC v. Houston Funding II, Ltd., the Fifth Circuit issued a landmark decision finding that terminating a female employee because she is lactating or expressing milk is unlawful sex discrimination under Title VII of the...more

Baker Donelson

Breast-Pump Discrimination is Title VII Sex Based Discrimination

Baker Donelson on

Recently, the Fifth Circuit held that discharging a female employee because she is lactating or expressing breast milk constitutes sex discrimination in violation of Title VII....more

Stoel Rives LLP

Oregon Court of Appeals Continues Debate About Status of Wrongful Discharge Claims In Oregon in Kemp v. Masterbrand Cabinets, Inc.

Stoel Rives LLP on

Last week the Oregon Court of Appeals issued its opinion in Kemp v. Masterbrand Cabinets, Inc., holding that the plaintiff’s common law wrongful discharge claim was not precluded by the statutory remedies then available under...more

Baker Donelson

Legal to Fire Female Employee for Being Irresistible?

Baker Donelson on

The Iowa Supreme Court has recently withdrawn its December 21, 2012 opinion in the sex discrimination suit, Nelson v. Knight, and has declared that it will review the case....more

U.S. Equal Employment Opportunity Commission...

Fifth Circuit Holds Lactation Discrimination is Unlawful Sex Discrimination

Court of Appeals Ruling Overturns District Court's Finding, Permits EEOC's Sex Discrimination Lawsuit Against Houston Funding II LLC to Go Forward - HOUSTON--Overturning a federal trial court's decision from the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues QSI/Stellar Management Group for Sex Discrimination

Female Supervisor Fired by Manager Who Wanted a Man in Her Position, Federal Agency Charged - ATLANTA - Stellar Management Group, Inc., doing business as QSI, a contract sanitations services company that provides...more

Nossaman LLP

California Supreme Court Clarifies Standard For “Mixed Motive” Defense To Employment Discrimination Claims

Nossaman LLP on

In a partial victory for employers, the California Supreme Court ruled in Harris v. City of Santa Monica that even when an employee proves that a discriminatory motive was a “substantial factor” in an adverse employment...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Upholds “Mixed Motive” Defense in Employment Discrimination Cases

In a long-awaited ruling issued Thursday, February 7, 2013, the California Supreme Court affirmed the Court of Appeal's decision overturning a damages verdict against the City of Santa Monica, finding that employers may...more

U.S. Equal Employment Opportunity Commission...

Metro Special Police & Security Services, Inc. Sued by EEOC for Sexual Harassment and Retaliation

Male Supervisor Subjected Male Employees to Sexual Touching and Comments, Federal Agency Charges - CHARLOTTE, N.C. - Metro Special Police & Security Services, Inc., a Charlotte-based provider of private security and...more

Proskauer - California Employment Law

California Court Upholds Arbitration Agreement

Maribel Baltazar sued her former employer, Forever 21, Inc., alleging she was constructively discharged and subjected to discrimination and harassment based on her race and sex....more

Mintz - Employment, Labor & Benefits...

Don't Hate Me 'Cause I'm Beautiful: Termination Based on "Irresistible Attraction" is Not Unlawful Sex Discrimination

Christmas came a few days early for Iowan employers, when the Iowa Supreme Court ruled that a male employer acted legally when he fired a female employee because he had become irresistibly attracted to her – a situation the...more

Constangy, Brooks, Smith & Prophete, LLP

Post-Apocalypse (Well, Post-Vacation, Anyway) Employment Law Roundup

Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on....more

Akerman LLP - HR Defense

Yes, Dear, I Will Fire My Employee Because She is "Hot"

Can a boss fire an employee simply because he finds her attractive? Yes, according to the Iowa Supreme Court in a recent decision, Nelson v. James H. Knight, DDS (Iowa, December 21, 2012). And, lest you conclude that the...more

Gray Reed

Too Sexy To Work Here: Fired For Being Attractive

Gray Reed on

Melissa Nelson is “devastated” according to ABC News. She was fired from her job as a dental assistant after 10 years of service because her male employer found her attractive and felt termination necessary to protect his...more

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