News & Analysis as of

Termination Equal Employment Opportunity Commission (EEOC) Corporate Counsel

Fishman Haygood LLP

The U.S. Fifth Circuit Applies American Pipe to Preserve Putative Class Member’s Discrimination Claims

Fishman Haygood LLP on

The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more

Bradley Arant Boult Cummings LLP

Was There a Rainbow Connection? Arkansas Court Allows Religious Discrimination Case to Go Forward over Apron Symbol

Accommodating an employee’s sincerely held religious beliefs can be tricky. In EEOC v. Kroger, a court in Arkansas gives some guidance on how to handle these claims. The case law surrounding religious failure-to-accommodate...more

Constangy, Brooks, Smith & Prophete, LLP

Everything Employers Always Wanted To Know About Vaccines . . . And Have Been Asking About For Months.

Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more

Jackson Lewis P.C.

Can You Be “Regarded As” Disabled Based On A Potential Future Disability?

Jackson Lewis P.C. on

This certainly sounds futuristic. (Pun intended.) Still, in a case just decided by the Eleventh Circuit Court of Appeals, EEOC v. STME, LLC, the EEOC espoused precisely this position. The EEOC sued STME for disability...more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Says ADA Does Not Require Waiving Attendance Policy

Job-protected leave continues to be the most common accommodation requested by employees under the Americans with Disabilities Act. For employers, the question remains at what point does the amount of work missed end the...more

Sherman & Howard L.L.C.

Terminating Employees For “Bad Faith” Harassment Complaints Fraught With Peril

In EEOC v. HP Pelzer Auto. Sys., the U.S. District Court denied the employer’s motion for summary judgment on a retaliation claim. The employer received a complaint that its HR manager had made two offensive, sex-related,...more

Amundsen Davis LLC

EEOC Consent Decree A Reminder That Attendance Policies Must Have An ADA Escape Valve

Amundsen Davis LLC on

In July the EEOC announced the terms of a consent decree settling claims of systemic disability discrimination against a global metal products manufacturer. Pursuant to the terms of the decree, the employer will pay $1...more

Jackson Lewis P.C.

You Can’t Always Get What You Want: Employers Don’t Have To Provide An Accommodation Requested By An Employee If There Are Other...

Jackson Lewis P.C. on

A recent Third Circuit case, Sessoms v. Trs. Of the Univ. of Pa., 2018 U.S. App. LEXIS 16611 (3rd Cir. June 20, 2018), serves as a reminder that while the Americans with Disabilities Act (“ADA”) requires employers to provide...more

Akerman LLP

Episode 24: EEOC Commissioner Chai Feldblum Part I: Employers' "Superstar Harassment" Problem

Akerman LLP on

Amidst seemingly endless sexual harassment headlines, Matt Steinberg welcomes EEOC Commissioner, Chai Feldblum, to discuss the "Superstar Harasser" epidemic. The discussion will explore what companies can do to prevent and...more

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

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees...more

Bradley Arant Boult Cummings LLP

From the Tinfoil Hat Files: Plaintiff Sleeping on the Job Claims Sensitivity to Electromagnetic Voltage

The 7th Circuit, in a short opinion issued April 6, zapped a plaintiff’s claim that he was terminated in violation of the ADA based on his condition of being overexposed to electromagnetic voltage at his job. Mr. Hirmiz, a...more

Bradley Arant Boult Cummings LLP

Bend Don’t Break: The EEOC Says Inflexible Attendance Policies Violate the ADA

In managing employee attendance, be careful about policies that suggest automatic termination after a certain number of absences as the Equal Employment Opportunity Commission (EEOC) believes such policies violate the...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

Parker Poe Adams & Bernstein LLP

Fifth Circuit Rejects EEOC's Position on Reasonable Belief Standard for Reactive Retaliation Claims

In 2009’s Crawford decision, the U.S. Supreme Court concluded that an employee who participates in an employer’s harassment or discrimination investigation as a third-party witness, falls within federal anti-retaliation...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Employer's Response to Race Discrimination Claims Did Not Excuse Plaintiff's Failure to Allege Claims in EEOC...

Before filing suit alleging discrimination, Title VII requires plaintiffs to file a charge of discrimination with the Equal Employment Opportunity Commission. If the plaintiff files an EEOC charge, but includes claims in his...more

Foley & Lardner LLP

Hostile Work Environments and Sexual Orientation: EEOC Files First Federal Suits

Foley & Lardner LLP on

Normally in this space we write about court decisions that have already occurred and are likely to impact employers. This week, we focus on cases that have just been filed and could have far reaching implications. In a...more

Parker Poe Adams & Bernstein LLP

NLRB Says Agreement's Failure to Advise Employee of Right to File Claims with Board Violates Federal Labor Law

Over the past several years, the Equal Employment Opportunity Commission has sued several employers, claiming that their failure to explicitly advise employees that releases provided in conjunction with severance benefits...more

Genova Burns LLC

Refusing to Attend a Fitness-For-Duty Exam May Not Be Grounds For Termination under the ADA

Genova Burns LLC on

On January 25, 2016, the New Jersey Appellate Division clarified the requirements set forth by the Americans with Disabilities Act (ADA) and the related guidance issued by the U.S. Equal Employment Opportunity Commission...more

Foley & Lardner LLP

Seventh Circuit Reins in EEOC: Agency Cannot Bypass Conciliation Requirement

Foley & Lardner LLP on

On December 17, the Seventh Circuit in U.S. Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., No. 14-3653 (7th Cir. Dec. 17, 2015), rejected the EEOC’s aggressive effort to sue an employer without engaging in...more

Seyfarth Shaw LLP

Ninth Circuit: The EEOC Can Subpoena Extensive Employee Information

Seyfarth Shaw LLP on

As our readers may recall, in November 2012, Judge G. Murray Snow of the U.S. District Court for the District of Arizona nixed a subpoena issued by the EEOC seeking employee pedigree information (name, address, telephone...more

Mintz - Employment, Labor & Benefits...

Something is Rotten at the Pork Roll Company … and it’s not the Pork Rolls: Flatulent Employee (and his Wife) Bring Claims for...

Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability...more

Zelle  LLP

Retaliation: Realities and Myths

Zelle LLP on

Unlawful workplace retaliation can take several forms, and claims for retaliation arise under a number of different statutes and common law theories. Workers compensation statutes, for example, contain provisions that...more

Parker Poe Adams & Bernstein LLP

EEOC Sues Two Employers for Terminating Transgendered Employees

Last week, the Equal Employment Opportunity Commission filed two potentially landmark lawsuits against employers accused of terminating employees undergoing gender reassignment procedures. The EEOC alleges that the...more

Cranfill Sumner LLP

How to Avoid Being the Next Casualty in the EEOC’s War on Employee Separation Agreements

Cranfill Sumner LLP on

In its current Strategic Enforcement Plan, the U. S. Equal Employment Opportunity Commission says that it is fed up with and will target employer “policies and practices that discourage or prohibit individuals from exercising...more

Fenwick & West LLP

Employee Terminated for Stealing Caused by Disability Entitled to Discrimination Trial

Fenwick & West LLP on

Is an employer allowed to enforce a uniformly-applied workplace conduct policy against an employee whose misconduct was caused by her disability? A federal district court in California said “maybe, maybe not,” and determined...more

26 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide