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50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 23: After-Acquired Evidence

“You did what? If I Hadn’t Already Fired You, I’d Fire You Now!” What if? This is the question that has followed Title VII since its inception: how do you apply this revolutionary (yet seemingly straightforward) prohibition...more

Employer Can Be Liable for Negligently Terminating an Employee Based on Co-Worker’s Discriminatory Conduct

On May 23, 2013, the U.S. Court of Appeals for the First Circuit held in Velazquez-Perez v. Developers Diversified Realty Corp. that an employer may be liable under Title VII for negligently terminating an employee. Although...more

EEOC Sues Louisville Hospital for Race Discrimination

Jewish Hospital Fired Black Employee Because of Race, Federal Agency Charges - LOUISVILLE, Ky. -- Jewish Hospital and St. Mary's Healthcare, Inc., a Louisville hospital, unlawfully fired an employee because he is...more

Employment Law - Mar 05, 2014

Time To Review Severance Agreements - Why it matters: The Equal Employment Opportunity Commission filed a complaint against CVS Pharmacy last week. The Illinois federal court suit claims the national chain violated...more

What 2013 Gifts will Employers be Enjoying well into 2014?

The holidays have come and gone. I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for. I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins....more

Indiana Court Finds Employee’s Attempt At Humor Was Not Protected Religious Expression

Ronald Ogle worked as a Community Employment Specialist for the Indiana Department of Workforce Development (IDWD). On November 10, 2012, he forwarded to his coworkers an email that included a picture of a barbeque restaurant...more

Step Three to Pay $60,000 for EEOC Pregnancy and Disability Discrimination Suit

Hawaii Resort Retailer Disciplined and Fired a Buyer Due to Fertility Treatments and Pregnancy Restrictions, Federal Agency Charged - HONOLULU - Step Three, Ltd., a Hawaiian resort retailer, will pay $60,000 for...more

New Definition Of “Supervisor” For Purposes Of Title VII

The U.S. Supreme Court has issued a ruling settling a split in the circuit courts over the definition of “supervisor” for purposes of employer liability for harassment under Title VII of the Civil Rights Act of 1964, in Vance...more

Zoria Farms and Z Foods Sued by EEOC for Sexual Harassment and Retaliation

Dried Fruit Producer Fired a Class of Workers Who Protested the Widespread Abuse by Supervisors, Federal Agency Charges - FRESNO, Calif. - Z Foods, Inc., doing business as Zoria Farms, and its predecessor company,...more

Utah Employment Law Letter - September 2013: TERMINATION : ‘Grandma’s Feather Bed’: Court puts feather tester’s claims to sleep

It was nine feet high and six feet wide, soft as a downy chick. It was made from the feathers of forty ‘leven geese Took a whole bolt of cloth for the tick. So goes the popular song written and performed by the late...more

Accommodating religious beliefs in the workplace: What are the limits?

Sikiru Adeyeye requested approximately four weeks of leave from work to participate in his father’s funeral ceremony in Nigeria. In his request, Adeyeye explained that he had to attend the “funeral rite” and that it was “very...more

Lactation and Breast-Feeding Are “Pregnancy Related Conditions” Protected Under Title VII

In EEOC v. Houston Funding II, Ltd., the Fifth Circuit issued a landmark decision finding that terminating a female employee because she is lactating or expressing milk is unlawful sex discrimination under Title VII of the...more

Breast-Pump Discrimination is Title VII Sex Based Discrimination

Recently, the Fifth Circuit held that discharging a female employee because she is lactating or expressing breast milk constitutes sex discrimination in violation of Title VII....more

EEOC Files Suit Against Book Distributor For Overbroad Severance Agreement Language

Just weeks after settling its first ever Genetic Information Nondiscrimination Act (“GINA”) discrimination lawsuit and filing its first ever class action lawsuit under GINA, the Equal Employment Opportunity Commission (EEOC)...more

Another Background Check Pitfall? Following a State Law Mandate to Conduct Background Checks May Not Be a Defense in Title VII...

Adding to last year’s EEOC criminal background check guidance, Minnesota’s recent background check restrictions, and some other federal precedents, in Waldon v. Cincinnati Public Schools, the U.S. District Court for the...more

Employers Prevail In Two U.S. Supreme Court Decisions

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

Two Major Supreme Court Wins for Employers

On Monday, June 24, 2013, the Supreme Court issued two 5-4 rulings in important cases affecting the employment world, University of Texas Southwestern Medical Center v. Nassar and Vance v. Ball State University. By making it...more

Inconsistent Reasons for Termination Allow Pregnant Employee’s Discrimination Case to Proceed to Jury

The Seventh Circuit Court of Appeals recently overturned a lower court’s grant of summary judgment in favor of a home care agency, holding that a jury should be allowed to determine whether the agency’s reasons for firing an...more

Too Little, Too Late: The Supreme Court Adopts But-For Causation for Title VII Retaliation Claims

On June 24, 2013, in University of Texas Southwestern Medical Center v. Nassar, 570 U.S. ___ (2013), the U.S. Supreme Court broke its long string of pronouncing expansive standards in the context of Title VII retaliation...more

"But for" causation must be used in Title VII retaliation cases, U.S. Supreme Court says

Title VII retaliation claims must be proven according to traditional “but for” causation principles, and not the less strict “motivating factor” standard applicable to other claims under the Statute, the U.S. Supreme Court...more

U.S. Supreme Court Issues Two Key Title VII Rulings

On June 24, 2013, the Supreme Court of the United States issued two highly-anticipated decisions. In Vance v. Ball State University, the justices considered whether the “supervisor” liability rule established by Supreme Court...more

Fifth Circuit Holds Lactation Discrimination is Unlawful Sex Discrimination

Court of Appeals Ruling Overturns District Court's Finding, Permits EEOC's Sex Discrimination Lawsuit Against Houston Funding II LLC to Go Forward - HOUSTON--Overturning a federal trial court's decision from the...more

Landau Uniforms Settles EEOC Pregnancy Discrimination Suit for $80,000

Health Care Clothing Manufacturer Fired Employee Due to Pregnancy, Federal Agency Charged - OXFORD, Miss. Landau Uniforms, Inc., a Mississippi-based company that manufactures and distributes medical scrubs and other...more

East Coast Waffles Settles EEOC Lawsuit for Retaliation

Federal Agency Charged Restaurant Fired Employee for Complaining About Customer Harassment - TAMPA, Fla. - East Coast Waffles, Inc., an Atlanta-based company which owns and operates more than 100 Waffle House...more

Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive...

On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in...more

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