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EEOC Roundup: February 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

The Road Not Taken

What is not alleged in a lawsuit can, paradoxically, sometimes serve as more of a cautionary note than what is, for its very absence brings it prominence. Such is the case with Saliba v. Five Towns College, 2014 WL 92690...more

EEOC Sues Nick's Restaurant for Disability Discrimination, Sexual Harassment, Retaliation

Restaurant/Sports Bar Revoked a Reasonable Accommodation for a Disabled Server and Fired Her After She Complained, Federal Agency Charges - HOUSTON - PNS Investments, Inc. operating as Nick's Restaurant and Sports Bar,...more

When Santa Is Naughty, Does He Give Himself a Lump of Coal?

If so, then Santa should be giving himself a nice chunk of West Virginia’s finest to burn in his stove this Christmas. According the Associated Press, recently, at a mall in Hingham, Massachusetts, Santa was barred from the...more

Interns: Unpaid and Unprotected?

As we have previously mentioned, issues relating to unpaid interns continue to be a hot topic. In the wage law arena, disenchanted former interns have brought a string of well-publicized class action lawsuits against their...more

La Rana Hawaii, LLC, A Former Licensee of Señor Frog’s, to Pay $350,000 to Settle EEOC Sexual Harassment Lawsuit

Young Women Were Physically and Verbally Harassed by Restaurant Employees, Including Managers, Federal Agency Charged - HONOLULU, Hawaii - La Rana Hawaii, LLC, doing business as Señor Frog's, a popular Mexican-themed...more

“Locker Room” Talk In All-Male Workplace Sexual Harassment, Fifth Circuit Rules

In this space, we have reported recently on the series of rebuffs that the EEOC has received from various courts in recent months. But in EEOC v. Boh Brothers Construction Company, the Fifth Circuit Court of Appeals handed...more

Fifth Circuit Hands Win to EEOC in Same-Sex Harassment

The EEOC won a significant victory on September 30, 2013, as the United States Court of Appeals for the Fifth Circuit, sitting en banc, reinstated a jury verdict finding that the defendant, Boh Brothers Construction...more

"Boys will be Boys" A Risky Employment Policy

In a 10-6 decision following en banc review, the United States Court of Appeals for the Fifth Circuit recently decided, in Equal Employment Opportunity Commission v. Boh Brothers Construction Co. L.L.C., that an iron worker...more

EEOC Sues Red Lobster for Sexual Harassment

Restaurant Subjected Female Employees to Egregious Sexual Harassment Including Grabbing and Groping, Federal Agency Charged - BALTIMORE -GMRI, Inc., doing business as Red Lobster, subjected a class of female...more

Zoria Farms and Z Foods Sued by EEOC for Sexual Harassment and Retaliation

Dried Fruit Producer Fired a Class of Workers Who Protested the Widespread Abuse by Supervisors, Federal Agency Charges - FRESNO, Calif. - Z Foods, Inc., doing business as Zoria Farms, and its predecessor company,...more

Netherland Antilles Employee Allowed to Continue Gender Bias Suit against Employer’s U. S. Sister Company

In a case that will certainly be of interest to multi-national companies with subsidiaries and affiliates in numerous countries, a New York Federal Court recently allowed a U.S. company to be sued by an employee of its sister...more

WilcoHess Settles EEOC Sexual Harassment Lawsuit for $215,000

Female Employees Were Sexually Harassed By Senior Management Official, Federal Agency Charged - TUSCALOOSA, Ala. - WilcoHess, which operates over 400 travel plazas and convenience stores throughout the United States,...more

EEOC Sues Memphis Foods for Sexual Harassment of 16-Year-Old Female Employee

Federal Agency Charges KFC Store Manager Discriminated Against Minor - MEMPHIS - Memphis Foods LLC, the owner of a Memphis KFC restaurant, violated federal law by subjecting a teenage employee to sexual harassment and...more

Transportation, Distribution & Logistics Alert: September 2013 - NLRB's New Ruling Could Spell Trouble in Harassment...

In a recent ruling, the National Labor Relations Board (“NLRB”) has expressed the view that telling employees that they may not discuss an internal investigation may violate an employee’s Section VII rights. In Banner Health...more

Merrill Lynch Manager Tells Female Analysts To Seduce The Old Boys Club

Three female financial advisors at Merrill Lynch’s Manhattan-based flagship offices claim that they were subjected to gender discrimination at the hands of an overbearing boss, according to court documents filed in New York...more

EEOC Lawsuit Challenges Sexual Harassment at Davis Typewriter Company

Agency Says Office Manager Used Security Cameras to Ogle Female Subordinate's Breasts - MINNEAPOLIS - A Worthington, Minn., office furniture and office supply company violated federal civil rights laws by permitting...more

A New Supreme Court Decision Helps Employers in Harassment Cases

The United States Supreme Court’s decision in Vance v. Ball State just made it easier for employers to defend against some Title VII harassment lawsuits. In a 5-4 decision, the Court rejected the harassment claims brought by...more

Dad’s BBQ in Anniston to Pay $91,000 to Settle EEOC Sexual Harassment Suit

Restaurant's Assistant Manager and Cook Abused Female Employees, Federal Agency Charged - BIRMINGHAM, Ala. -- Coley's #101 LLC, doing business as Dad's BBQ in Anniston, Ala., has agreed to pay $91,000 to settle a...more

Company Parties Or Legal Nightmares?

The summer provides a great opportunity for employers to host company parties for the whole office to enjoy....more

Help at Home, Inc. to Pay $302,500 to Settle EEOC Lawsuit Charging Sexual Harassment, Retaliation

Company Terminated Three Women When They Complained of Sexual Harassment by Their Female Manager, Federal Agency Charged - ST. LOUIS - Help at Home, Inc., a Chicago-based home healthcare provider that also does...more

Raising the Bar on Employer Liability for Harassment and Retaliation

On June 24, the Supreme Court issued two new opinions in favor of employers, both five-to-four decisions that narrowly construe the scope of Title VII’s retaliation and employer liability rules and significantly raise the bar...more

Morgan Hill Restaurant Settles EEOC Retaliation Suit

The Good Fork Pays Dishwasher $20,000; Implements Policy and Training in Spanish - SAN JOSE - The Good Fork (formerly doing business as Fuzia), a Morgan Hill restaurant, agreed to pay $20,000 to a former dishwasher...more

Yes, You Can Fire An Employee Because She Is Hot, Iowa Supreme Court Affirms

Last year we reported on the Iowa Supreme Court's decision in Nelson v. James H. Knight, DDS (Iowa, December 21, 2012), in which the court held that a dental practice did not discriminate against a female assistant by...more

California Employment Law Notes - July 2013

Employee Must Prove That Illegal Retaliation Was The "But For" Cause Of Adverse Job Action Under Title VII - University of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 WL 3155234 (2013) - The United States...more

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