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Termination Hiring & Firing Harassment

Littler

Littler Lightbulb: July Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....more

K&L Gates LLP

Internal Investigations of Harassment Claims

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In areas of French law that are ambiguous, the French Supreme Court regularly issues rulings to specify the scope of an employer’s obligations, including in the context of harassment claims. French caselaw has set the rules...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Iron Hill Brewery for Race Discrimination and Retaliation

Federal Agency Charges Buckhead Restaurant Fired Employee Because of His Race and For Reporting Mistreatment of Others - ATLANTA – Iron Hill Brewery of Buckhead, LLC, and Iron Hill Brewery, LLC, a chain of breweries and...more

Constangy, Brooks, Smith & Prophete, LLP

I'm an employment lawyer. Here are 5 things you employers are doing wrong.

You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....more

U.S. Equal Employment Opportunity Commission...

PRC Industries Pays $400,000 to Settle EEOC Racial Harassment, Retaliation Lawsuit

Settles Federal Charges E-Commerce Company Fired Black Workers Who Reported Racial Slurs - RENO, Nev. — PRC Industries, Inc., an E-commerce remanufacturing company, will pay two former employees of its Reno, Nevada,...more

Constangy, Brooks, Smith & Prophete, LLP

Ten Ways Employers Get Themselves Sued (Part Two)

How can I sue thee? Let me count the ways. Last week, I talked about five very basic things employers do to get themselves embroiled in employment litigation. They were- Discrimination (not only unlawful discrimination, but...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

Tucker Arensberg, P.C.

Court Upholds Termination of Teacher for Sexually Harassing Co-Teacher

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Neshaminy School District v. Neshaminy Federation of Teachers, 171 A.3d 334 (Commw. Ct. 2017): The Pennsylvania Commonwealth Court held that an arbitrator decision violated public policy by reinstating a teacher after...more

Constangy, Brooks, Smith & Prophete, LLP

Employment Law Quiz: Bizarro Edition

See how you do with these guaranteed true news items from the last week, all relating to employment law. Then tell me whether you agree that we are living in some crazy times. YCMTSU.* *You Can’t Make This Stuff Up. (I think...more

Constangy, Brooks, Smith & Prophete, LLP

Employer Beware: Bad “Optics” Create Hostile Work Environment?

Yesterday, I posted about a disability discrimination case that the employer did not really screw up. Even so, a few less-than-optimal moves resulted in an adverse jury verdict that was upheld on appeal. In Chapter 2 of our...more

Baker Donelson

Politics in the Workplace

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Employees are complaining that they are being discriminated against or harassed by management or other employees based on their political beliefs because an employee's political beliefs may relate to, or be intertwined with,...more

Franczek P.C.

Sweet Justice! Dismissal of Bully's FMLA Claim Proves Employers Can Safely Terminate an Employee on the Heels of FMLA Leave

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I hate bullies. Back in 4th grade, Sister Mary Demetria, OSF, told us that “hating” someone was a sin. I’m convinced Sister never met a bully. Forgive me, Father, for I have sinned. Cause, you see, whenever I...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Replace Employee Does Not Defeat Discriminatory Termination Claim

When a terminated employee alleges that her firing resulted from discrimination or retaliation, employers often dispute those claims by noting that the employer never hired anyone to take the terminated employee’s position....more

Constangy, Brooks, Smith & Prophete, LLP

Lego-Based Workplace Harassment Will NOT Be Tolerated.

You’ve heard of sex-based harassment, race-based harassment, and disability-based harassment. But have you ever heard of Lego-based harassment? Shawn Roy was terminated from his job because he was allegedly creating...more

Nexsen Pruet, PLLC

Fourth Circuit Adopts the Joint Employer Test for Title VII Claims

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Who's The Boss? - In Butler v. Drive Auto. Indus. of Am., Inc., the Fourth Circuit Court of Appeals (which has jurisdiction over North and South Carolina) joined the majority of federal appellate courts in holding that...more

JAMS

Federal Arbitration Case Update | Compelling and Appealing

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Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more

Nexsen Pruet, PLLC

New Harassment and Retaliation Standard in Fourth Circuit

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Last month, in Boyer-Liberto v. Fontainebleau Corp., No. 13-1473 (4th Cir. May 7, 2015), the federal Court of Appeals for the Fourth Circuit, which includes North and South Carolina, articulated a new standard for analyzing...more

Hinshaw & Culbertson LLP

In a Win for Employees, Fourth Circuit Finds That Two Racial Slurs May Support Harassment Claim

The Fourth Circuit Court of Appeals recently made two noteworthy rulings in a single case concerning sexual harassment and retaliation under Title VII. First, as it relates to sexual harassment, the Court found that two...more

Miller & Martin PLLC

Sixth Circuit Contradicts New TN Supreme Court Decision Regarding Retaliation Claims

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Last month, the Tennessee Supreme Court narrowed the definition of retaliation under state law. Less than one month later, the Sixth Circuit Court of Appeals (which has jurisdiction over Tennessee, Michigan, Ohio and...more

Haight Brown & Bonesteel LLP

Employment Client Alert: Punitive Damages Award in Title VII Sexual Harassment Case Does Not Violate Due Process

In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more

Proskauer Rose LLP

California Employment Law Notes

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Google Required To Produce Emails In Response To Former Employer's Subpoena - Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) - Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more

Faegre Drinker Biddle & Reath LLP

NLRB Finds That Employer Improperly Disciplined Employee Who Obscenely Grabbed His Crotch in Front of Female Co-Worker

On July 3, 2014, the National Labor Relations Board (NLRB) handed down a decision in the case of Consolidated Communications d/b/a Illinois Consolidated Telephone Co. and Local 702, Int'l Brotherhood of Electrical Workers,...more

Proskauer - California Employment Law

March 2014 California Employment Law Notes

Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to other humiliating and harassing...more

Laner Muchin, Ltd.

Supreme Court Makes Defending Title VII Cases Easier For Employers; Decides To Review Noel Canning, Will Rule On NLRB Recess...

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On June 24, 2013, the U.S. Supreme Court issued opinions in two cases which are clear victories for employers. First, in Vance v. Ball State University, the Supreme Court held that “an employer may be vicariously liable for...more

Pierce Atwood LLP

Employers Prevail In Two U.S. Supreme Court Decisions

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The U.S. Supreme Court issued two closely watched decisions Monday affecting Title VII cases....more

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