News & Analysis as of

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

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 16: Employers Fight Against Title VII...

Summary judgment motions have long been in the toolkit for employers to combat weak and frivolous Title VII claims brought by their former (and sometimes, current) employees. But that was not always the case, and recent...more

Court of Appeals Holds That Employer’s Failure to Engage in Interactive Process Regarding Employee’s Accommodation Request...

Discrimination claims are expensive to defend and if they reach a jury, the results are often unpredictable. The summary judgment motion, when utilized properly, is an effective risk and cost containment tool available to...more

Employer's Contemporaneous Documentation of Verbal Counseling Helps It Win Discrimination Lawsuit

The Seventh Circuit recently upheld the summary judgment dismissal of a former hospital worker's claims for national origin and age discrimination after the worker was fired for repeatedly sending "negative, unprofessional,...more

Yes, Employers Can Win Summary Judgment In State Court

Given the opportunity, most defense lawyers will remove an employment discrimination case filed in state court to federal court because federal judges are more inclined to grant summary judgment, i.e. a judgment in favor of...more

Sixth Circuit Affirms Summary Judgment Dismissing Plaintiff’s Wage Discrimination Claims

The Sixth Circuit recently upheld a district court’s grant of summary judgment dismissing a female plaintiff’s wage discrimination claims under the Equal Pay Act (“EPA”), Title VII, and Michigan’s Elliot-Larsen Civil Rights...more

N.D. Ill. Denies Employer Summary Judgment On Retaliation Claim, Stressing Shifting Explanation For Discharge

The U.S. District Court for the Northern District of Illinois recently ruled that a retaliation claim survived summary judgment because of the “convincing mosaic” of evidence of retaliation the Plaintiff presented,...more

Recent Rulings Find Preemption of State Law Claims and Enforce Airline Contracts of Carriage

In the past few months, courts have issued several decisions favorable to the airlines finding preemption of various state law claims and rejecting breach of contract claims. The decisions address a variety of passenger...more

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

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

Court Slams EEOC on Background Check Lawsuit

Last week, a district court in Maryland granted summary judgment in favor of Freeman, Inc. (“Freeman”), a service provider for corporate events, with respect to a nationwide pattern and practice lawsuit brought by the U.S....more

Federal Judge Agrees with EEOC That Montrose Restaurant Created Abusive Work Environment

Berryhill Baja's Owner Subjected Two Female Bartenders to Sexual Harassment, Federal Agency Charged - HOUSTON - A Houston judge has granted summary judgment (judgment prior to trial) in favor of the U.S. Equal...more

Sixth Circuit Affirms Refusal to Certify Disparate Impact Sex Discrimination Case

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

Has the standard for discrimination claims truly changed for NYC employers and employees? The New York City Human Rights Law is...

In 2005, New York City passed the Civil Rights Restoration Act amendments to the New York City Human Rights Law (NYCHRL). Given the language and legislative history of these amendments, many courts have since recognized that...more

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

Are Courts Reluctant To Grant Summary Judgment In Hostile Work Environment Cases?

The Second Circuit has recently reiterated its hesitancy to permit summary judgment in hostile work environment claims that present ambiguities as to the sufficiency of plaintiff’s case. In Rivera v. Rochester Genesee Reg’l...more

Sixth Circuit Revives ADA Claim of Deaf Lifeguard

In Keith v. County of Oakland, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment to a county pool that denied employment to a deaf lifeguard. Setting aside the issue that seems to have captivated the...more

Legal Alert: Deaf Lifeguard's Disability Claims Against Oakland County Go To Jury

The Sixth Circuit has reversed the decision of a lower court and held that a deaf individual should be permitted to proceed to trial on his claim that a prospective employer discriminated against him on the basis of...more

Fourth Circuit Upholds Employer-Favorable Religious Discrimination Decision

The Fourth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that was sued by the Equal Employment Opportunity Commission (EEOC) for religious discrimination. In EEOC v. Thompson Contracting,...more

Court Of Appeal Relies On “Motivating Factor” As Standard Of Causation In FEHA Case

Alamo v. Practice Management Information Corp., No. B230909 (Cal. App. 2d, Sept. 24, 2012): In Alamo, a former employee who was fired upon her return from maternity leave brought a lawsuit for pregnancy discrimination in...more

“Old Man” Comments By A Supervisor Were Sufficient To Cause Hostile Work Environment And Individual Liability, New Jersey...

In Farrell v. Toys R’ Us, 2012 WL 4069515 (App. Div., September 18, 2102), an assistant store manager claimed that he was subjected to an age-based hostile work environment in violation of the NJLAD because his supervisor...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

Summary Judgment Lives For Employers Seeking Dismissal Of New York City Human Rights Law Claims

Melman v. Montefiore Medical Center, 946 N.Y.S.2d 27 (1st Dep’t May 29, 2012): The New York Appellate Division, First Department recently held that plaintiffs bringing discrimination claims under the New York City Human...more

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