Last year the United States Equal Employment Opportunity Commission published its strategic enforcement plan in which the agency identified its priorities for the years 2013 to 2016. ...more
New case law and statutory changes increase litigation and liability risk for employers that fail to comply with both federal and state lactation break laws....more
The 5th Circuit unanimously reversed a well-publicized lower court's ruling in a sex discrimination case and held for the first time that lactation is related to pregnancy and, therefore, covered by Title VII and the...more
The U.S. Court of Appeals for the Fifth Circuit has unanimously held that discrimination on the basis of lactation or milk expression violates Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended by the...more
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
On May 30, 2013, the Sixth Circuit issued its decision in Davis v. Cintas Corporation, Case No. 10-1662 (6th Cir. May 30, 2013), in which it upheld a district court’s refusal to certify a disparate impact Title VII case, but...more
As the debate over gay marriage continues to intensify throughout the country, so does the issue of workplace rights for the lesbian, gay, bisexual and transgender (LGBT) community. LGBT workers currently face substantial...more
On March 21, 2013, the Second Circuit issued its opinion in Parisi v. Goldman Sachs & Co., Case No. 11-5229, reversing a decision from the Southern District of New York, and holding that arbitration agreements which preclude...more
Ten Female Potato Sorters Sexually Harassed by Same Supervisor Over Six-Year Period, Federal Agency Charged - DENVER - The Spud Seller, Inc., a potato wholesaler in the San Luis Valley outside of Monte Vista, Colo.,...more
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
King Pyrrhus of Epirus defeated the Roman army in the battle of Asculum, but at great cost. His comment, “Another such victory would utterly undo me,” applies to employment litigation....more
President Barack Obama's second term will likely bring new employment protections for lesbian, gay, bisexual, and transgender individuals. President Barack Obama's election in 2008 ushered in a period of increased...more
Hilti, Inc. sells power equipment for use in construction sites. A quick trip through its website reveals tools most people wouldn’t have in their home workshops, such as 1100-watt demolition hammers, gas-powered fasteners,...more
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
The Iowa Supreme Court decision in Nelson v. James H. Knight DDS, P.C., et al, filed December 21, 2012, has drawn national attention for the holding that the termination of Nelson’s employment was not in violation of the Iowa...more
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a “Questions and Answers” document regarding the application of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA)...more
Several important new laws affecting California employers will take effect this year. In this initial series of blog posts, we will provide a brief synopsis of these changes. For more information on how to remain compliant...more
Employer Fired Top Sales Associate Because of Her Sex, says EEOC - SAGINAW-The U.S. Equal Employment Opportunity Commission (EEOC) filed suit today against Akron, Ohio based WMK, Inc. d/b/a Mobility Works for discharging...more
Meyers v. Medco Health Solutions, Inc., No. 09-CV-9216(RKE) (S.D.N.Y. Oct 3, 2012, Eaton, J., sitting by designation from the U.S. Court of International Trade): The plaintiff served as a senior director for the defendant...more
Under Title VII, an unlawful employment practice is established when an employee demonstrates that gender is a motivating factor for an adverse employment action. Under that analysis, a number of federal appellate courts...more
In Thompson v. North American Stainless, LP (2011), the U.S. Supreme Court gave its stamp of approval to third-party retaliation claims under Title VII of the Civil Rights Act. The Court thereby resolved a conflict among the...more
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