News & Analysis as of

Summary Judgment Gender Discrimination

ArentFox Schiff

Court Holds NC State Health Plan Constitutes “Health Program or Activity,” Granting Summary Judgment for Transgender Plaintiffs...

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On December 5, 2022, the US District Court for the Middle District of North Carolina held that the North Carolina State Health Plan (NCSHP) constitutes a “Health Program or Activity” under the Affordable Care Act (ACA). In so...more

Rivkin Radler LLP

The Employment Law Reporter - Spring 2021

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Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has dismissed an employment discrimination lawsuit brought by a former employee of the City University of New York. ...more

Rivkin Radler LLP

New York Insurance Coverage Law Update- November 2020

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Claimants sued Waiting Room Solutions alleging various causes of action arising out of an employee placing a video camera in its women’s restroom and Waiting Room’s handling of the employee’s actions. Waiting Room’s liability...more

McAfee & Taft

Tenth Circuit provides good reminder on how to handle gender discrimination claims

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An employer who terminated a female employee who left work early to attend to what an appeals court called an “inherently female” emergency situation must face a jury trial on a gender discrimination claim. Anthony Mann,...more

Orrick - Equal Pay Pulse

No Equal Work Required: Second Circuit Rejects Strict Application of EPA Standard to Title VII Claim

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The Second Circuit ruled this month in Lenzi v. Systemax, Inc. that “Title VII does not require a showing of unequal pay for equal work.” Drawing a line between the Equal Pay Act (“EPA”) and Title VII, the court held that...more

Rumberger | Kirk

No Longer A Mess: En Banc Eleventh Circuit Clarifies the Standard for Similarly Situated Comparators

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Last month, the en banc Eleventh Circuit clarified the appropriate standard for analyzing “similarly situated” comparator evidence in Title VII intentional-discrimination cases. Lewis v. City of Union City, Ga., --- F.3d...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Opinion Clarifies Definition of ‘Similarly Situated’ Comparators

On March 21, 2019, finding in favor of an employer seeking summary judgment, the U.S. Court of Appeals for the Eleventh Circuit, in Lewis v. City of Union City, clarified the definition of “similarly situated” comparators for...more

Bradley Arant Boult Cummings LLP

Court Not So Hostile to Employer in Hostile Work Environment Case

Lest you think that no one can win a hostile work environment claim, we have some positive news from the Second Circuit. In Russell v. New York University, et al., the court issued a summary order (which does not have...more

Rumberger | Kirk

Eleventh Circuit Reiterates Employers' Heavy Burden Under Equal Pay Act

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The Eleventh Circuit’s holding in Bowen v. Manheim Remarketing, Inc., 882 F.3d 1358 (11th Cir. 2018) reiterates an employer’s heavy burden to establish an affirmative defense in order to win summary judgment in cases alleging...more

Bradley Arant Boult Cummings LLP

Pay the Man! (Or Woman)—But Differently? 11th Circuit Reinstates Sex Discrimination Pay Claim

When you promote someone into a position, do you have to pay him what you paid his predecessor? As with so many things – it depends. Can you pay less if the promotee has less experience and a lower prior salary than the...more

Burr & Forman

Equal Pay Act case gets new life

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In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) reversed a decision to grant summary judgment—meaning the trial court had found there was no...more

Bradley Arant Boult Cummings LLP

“Don’t Tase Me, Boss!” Eleventh Circuit Reinstates Claims of Police Officer Who Refused Taser Training

If an employee gets a doctor’s note saying she can’t participate in training because of a physical limitation, does that make her disabled? It might if you treat her like she is—at least that is what the Eleventh Circuit...more

Jackson Lewis P.C.

Employer Granted Summary Judgment on Claims of Hostile Work Environment by Equal Opportunity Harasser

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A federal district court in Alabama granted an employer’s motion for summary judgment regarding a former general manager’s hostile work environment claims. Thrower v. Yedla Management Co. Plaintiff, a Caucasian female,...more

Proskauer - California Employment Law

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Manatt, Phelps & Phillips, LLP

Employment Law - February 2017

Ninth Circuit Sends Employment Dispute to Arbitration - Why it matters - The U.S. Court of Appeals for the Ninth Circuit sent an employment dispute to arbitration, reversing a denial of the employer's motion to...more

Haight Brown & Bonesteel LLP

Public Policy of Deciding Cases on the Merits Weighs in Favor of Granting Continuance Requests Based on Good Cause

In Hamilton v. Orange Cnty. Sheriff’s Dep’t, 2017 No. G051773, the California Court of Appeal, Second District, reversed the trial court’s denial of the parties’ stipulation to continue a hearing on a motion for summary...more

McAfee & Taft

Lessons in dealing with an “equal opportunity” harasser

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A new opinion released by the Tenth Circuit provides practical tips to employers dealing with multiple employee complaints alleging generalized harassment and/or discrimination throughout the workplace....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Finds Rebellious Behavior by Subordinates Insufficient to Constitute Hostile Work Environment

Most hostile environment harassment claims brought under Title VII involve allegations of offensive conduct by the plaintiff’s supervisors or co-workers. In a few situations, the employee alleges that his or her subordinates...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Seyfarth Shaw LLP

New Jersey’s Law Against Discrimination Does Not Go So Far As To Protect “Weight, Appearance, or Sex Appeal”

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The New Jersey Appellate Division recently affirmed summary judgment for the defense on several claims in the widely-followed “Borgata Babes” case, reining in the plaintiffs’ attempt to expand the New Jersey Law Against...more

Proskauer - Law and the Workplace

Second Circuit Decision Resuscitates EEOC’s Gender Discrimination Suit Against Sterling Jewelers

This week, the United States Court of Appeals for the Second Circuit sharply limited employers’ ability to challenge the adequacy of the EEOC’s pre-suit investigations. The Court issued an opinion vacating a district court...more

Lewitt Hackman

Wacky Employee Claims: What Employers Can Learn From Outlandish Situations

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Think you've heard every cautionary workplace tale? Believe it or not, you probably haven't – the real question is, how prepared are you to handle wildly unusual complaints, extreme accommodation requests, and highly awkward...more

Spilman Thomas & Battle, PLLC

The Fourth Circuit Asks What For, Answers with But For: The Determination that a Landmark United States Supreme Court Decision...

In 2013, the Supreme Court of the United States held that plaintiffs claiming retaliation under Title VII must prove that “but for” the retaliation they would not have been discharged. University of Texas Southwestern Medical...more

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