News & Analysis as of

Vicarious Liability Hiring & Firing

Lewitt Hackman

Franchisor 101: Franchisor Cannot Massage its Way Out of Vicarious Liability

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A Texas court of appeals affirmed judgment in favor of a plaintiff who claimed a franchisor was vicariously liable for a franchisee’s employee’s wrongful conduct....more

Amundsen Davis LLC

Illinois Supreme Court Rejects Long Standing Rule and Now Allows Claims for Direct Negligent Actions Against Employers When Agency...

Amundsen Davis LLC on

In an opinion handed down on April 21, 2022, the Illinois Supreme Court reversed Illinois law and now allows direct and vicarious liability actions against employers. The decision, McQueen v. Green, 2022 IL 126666, now allows...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Rumberger | Kirk

Using Vicarious Liability to Defeat Employer Negligence Claims

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In lawsuits involving commercial trucking accidents, plaintiffs frequently sue the driver’s employer for vicarious liability (respondeat superior and/or dangerous instrumentality doctrine), as well as for negligent hiring,...more

Dechert LLP

Legislation and Case Law in France / Second Half-Year 2019

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Prevention of occupational hazards and management of matters related to safety and the protection of health at work are major concerns for all those involved in labor law. This newsletter reviews five notable court...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Dog Days - Don't Fight

Dear YouDig?, We are on fire this construction season. With the busy schedule comes a lot of pressure. Last week, during a hot afternoon stretch, one of our workers lost his head and beat the living hell out of a coworker....more

Littler

Littler Global Guide - United Kingdom - Q4 2018

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Supreme Court Rules that Refusal to Bake “Gay-Cake” Was Not Discriminatory - Precedential Decision by Judiciary or Regulatory Agency - On October 10, 2018, the UK Supreme Court held a bakery and its Christian owners had...more

Littler

Littler Global Guide - United Kingdom - Q4 2017

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Court of Appeal Finds that Fairness of Decision Depends on Decision-Maker’s Actual Knowledge - Precedential Decision by Judiciary or Regulatory Agency - Dismissing an employee because they have made protected...more

Proskauer - California Employment Law

California Employment Law Notes - May 2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...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

Pullman & Comley - School Law

Not My Brother’s Keeper: Varley v. Regional School District No. 4 and A School District’s Responsibility For “Free Speech” Claims...

When entering into contacts with vendors, school districts hope that 1) the vendor will comply with the law, and 2) in any event, the vendor will be responsible for its own employment-related disputes. In Varley v. Regional...more

Manatt, Phelps & Phillips, LLP

Employment Law -- Jul 03, 2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

Stinson LLP

Employment And Labor Insight: Employers Win Big Before The U.S. Supreme Court

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As the United States Supreme Court wraps up its term, employers should take note of three decisions issued this past Monday, June 24....more

Littler

The Supreme Court Clarifies Who Is a Supervisor Under Title VII

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In a 5-4 decision, the U.S. Supreme Court decided what the definition of a "supervisor" is for purposes of assessing liability for unlawful harassment under Title VII. The Court ruled that an employer will be vicariously...more

Morgan Lewis

Supreme Court Issues Two Important Title VII Opinions

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Divided Court holds that a "supervisor" must be empowered to take tangible employment actions for vicarious liability under Title VII to apply and that Title VII retaliation claims are subject to a higher "but-for" causation...more

Proskauer Rose LLP

Supreme Court Adopts an Employer-Friendly Definition of "Supervisor" for the Faragher/Ellerth Analysis

Proskauer Rose LLP on

On June 24, 2013, the United States Supreme Court issued its opinion in Vance v. Ball State University, No. 11-556, 570 U.S. ___ (2013), holding that an employee is a "supervisor" for purposes of vicarious employer liability...more

McNees Wallace & Nurick LLC

Supreme Court Issues Two Title VII Decisions Favorable For Employers

At our recent Labor and Employment Law Seminar, we highlighted a number of outstanding legal cases that have the potential to have a significant impact on employer liability. ...more

Foley & Lardner LLP

Are You My Supervisor?

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Late last month, the Supreme Court considered whether and when a co-worker can be deemed a supervisor for purposes of evaluating if the employer is strictly liable for that person’s harassment of another employee....more

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