News & Analysis as of

Summary Judgment Title VII Civil Rights Act

Farella Braun + Martel LLP

The Ninth Circuit Reminds Employers of Obligations When Addressing Social Media Posts Affecting Workplace

A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...more

Proskauer - Law and the Workplace

Second Circuit Ruling Could “Impact” Discrimination Claims Brought by Remote Workers under NYS Human Rights Law

In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,”...more

Hicks Johnson

Supreme Court Considers Title VII Case That Could Impact Company Diversity Initiatives

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On December 6, 2023, the Supreme Court heard oral argument in Muldrow v. City of St. Louis, a Title VII case out of the Eighth Circuit. The petitioner, Sergeant Jatonya Muldrow of the St. Louis Police Department, alleged sex...more

Marshall Dennehey

Third Circuit Reaffirms High Bar for Showing ‘Severe and Pervasive’ Harassment for Hostile Work Environment Claims Under Title VII

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A nurse practitioner sued her employer alleging, inter alia, a hostile work environment on the basis of her sex in violation of Title VII of the Civil Rights Act of 1964 (Title VII). Specifically, the plaintiff claimed that...more

Sherman & Howard L.L.C.

When Employment and Traditional Labor Collide: Whole Foods Wins One in the Ongoing Legal Battle Concerning Black Lives Matter...

Whole Foods recently scored a victory in its fight to defend its dress code prohibition on non-Whole Foods brands and logos. The United States District Court for the District of Massachusetts, (“the Court”) granted Whole...more

Proskauer - Law and the Workplace

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more

Manatt, Phelps & Phillips, LLP

Ninth Circuit Not Enamored of ‘Paramour Preference’ Claims

The U.S. Court of Appeals, Ninth Circuit, rejected “paramour preference” claims under Title VII, affirming summary judgment in favor of an employer and following the other federal appellate courts in rebuffing claims...more

U.S. Equal Employment Opportunity Commission...

EEOC Scores Summary Judgment Win Against Stan Koch & Sons Trucking in Sex Discrimination Case

Court Agrees With EEOC That Trucking Company’s Use of Strength Test Developed by Cost Reduction Technologies Disadvantages Women, Violates Federal Law - MINNEAPOLIS – A federal judge has ruled as a matter of law that Stan...more

Miller Canfield

6th Circuit Clarifies Opposition Clause of Title VII - Performance of Regular Job Duties as Protected Activity

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Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...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

Jackson Lewis P.C.

Women’s National Soccer Team Collective Action Against USSF: Settlement, In Part

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A lawsuit brought by female professional soccer players against the United States Soccer Federation (USSF) may be settled, partly. In 2019, female professional soccer players on the United States Senior Women’s National...more

Jackson Lewis P.C.

EEOC Argues For Broader Causation Standard And Provides A Peek Into The EEOC’s Future Focus

Jackson Lewis P.C. on

Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment...more

Rivkin Radler LLP

The Employment Law Reporter

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Federal Court Rejects New York City Police Officer’s Employment Discrimination Action The U.S. District Court for the Southern District of New York has granted summary judgment to the defendants in an employment...more

U.S. Equal Employment Opportunity Commission...

EEOC Settles National Origin and Race Discrimination Case on Behalf of Thai Farm Workers

LOS ANGELES – The U.S. Equal Employment Opportunity Commission (EEOC) today announced the settlement of its national origin and race discrimination case against defendants Green Acre Farms, Inc. and Valley Fruit Orchards,...more

Seyfarth Shaw LLP

Eight Circuit Maintains High Bar for Hostile Work Environment Claims

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Seyfarth Synopsis: The Eighth Circuit Court of Appeals ruled that a manager’s behavior toward an employee was “reprehensible and improper,” but did not rise to the level of a hostile work environment under Title VII, and...more

U.S. Equal Employment Opportunity Commission...

Driven Fence Agrees to Pay $25,000 to Settle EEOC Race Harassment Lawsuit

Fencing Company's Mistreatment of Black Employee, Including Racial Slurs and Noose Display, Forced Him to Quit, Federal Agency Charged - CHICAGO - A Melrose Park, Ill., fencing company will pay $25,000 and furnish other...more

Orrick - Equal Pay Pulse

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

Orrick - Equal Pay Pulse on

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

Payne & Fears

Key California Employment Law Cases: June 2019

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This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Littler

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

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On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more

Parker Poe Adams & Bernstein LLP

Performance Counseling and Mediation Session Not Considered Adverse Employment Actions Under Title VII

Employees cannot sue under federal anti-discrimination laws for every perceived slight or workplace occurrence. In order to be actionable, the alleged employer conduct must rise to the level of an “adverse employment action.”...more

Bradley Arant Boult Cummings LLP

The Italian Job: Fifth Circuit Confirms Pleading Standard for National Origin Discrimination Claim

Employment law is full of burden-shifting, prima facie standards and evidentiary hurdles. Sometimes, even the courts apply the wrong standard at the wrong stage of a case. That appears to be what happened in the case of...more

Payne & Fears

Key California Employment Law Cases: March 2019

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This month’s key employment law cases address the religious organization exemption under Title VII of the Civil Rights Act and arbitration agreements....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,...

Court Confirms Louisiana Anti-Discrimination Statute, Not Tort Law, Provides the Exclusive Basis for Employment Discrimination...

Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address...more

Seyfarth Shaw LLP

Federal Court Leaves Opportunity For A “Compelling” Exhaustion Argument

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Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently issued a ruling with respect to Defendants’ “compelling” exhaustion argument that Plaintiffs failed to exhaust administrative remedies with...more

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