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Wrongful Termination Discrimination

U.S. Equal Employment Opportunity Commission...

EEOC Sues All Day Medical Care Clinic for Discriminating Against Employee for Not Disclosing Disability During Job Interview

Maryland Health Care Provider Terminated Employee with Vision Impairments for Requesting Reasonable Accommodation on First Day of Work - BALTIMORE – All Day Medical Care Clinic, LLC, which operates five medical clinics in...more

Poyner Spruill LLP

Employer Avoids Liability for Wrongful Discharge Despite Alleged Comparator Receiving Lesser Discipline

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It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims.  Doing so can help to rebut the allegation that an individual has been subjected...more

Jackson Lewis P.C.

Pennsylvania Appellate Court Affirms State Medical Marijuana Law Provides Private Right Of Action

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The Pennsylvania Superior Court has found, as a matter of first impression, that medical marijuana users may maintain a private action under the Pennsylvania Medical Marijuana Act (MMA), including a wrongful discharge action....more

Lowenstein Sandler LLP

In The Know: The Lowenstein Insurance Recovery Group’s Tip Of The Month - April 2021

There is a common misconception that claims for intentional conduct are not covered under your insurance policy. In fact, insurance policies commonly provide coverage for intentional misconduct. For example, directors and...more

Jackson Lewis P.C.

Virginia’s Values Act Fundamentally Rewrites The Human Rights Act

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Effective July 1, 2020, the Virginia Values Act expands the scope of the Virginia Human Rights Act to prohibit discrimination in employment and housing on the basis of sexual orientation and gender identity. The new law also...more

U.S. Equal Employment Opportunity Commission...

Interconnect Cable Technology Corporation Sued by EEOC for Disability Discrimination

Electronics Manufacturer Demoted and Discharged Employee Due to Her Mental Illness, Federal Agency Charges - TAMPA - Interconnect Cable Technology Corporation (ICTC), an electronics manufacturer in Brooksville, Fla.,...more

U.S. Equal Employment Opportunity Commission...

IXL Learning Sued by EEOC for Retaliation

Employee Fired for Posting About Discrimination on Glassdoor.com, Federal Agency Charges - SAN FRANCISCO - Educational technology company IXL Learning Inc. violated federal law when it retaliated against an employee for...more

Littler

One Step Remains in Correcting the Missouri Human Rights Act

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On May 9, 2017, the Missouri Legislature passed a significant amendment to the Missouri Human Rights Act (MHRA), which would bring the Act into closer alignment with federal and other states' anti-discrimination statutes. All...more

Hogan Lovells

Employment News - April 2017 #2

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One for all – no need to prove the reason for group disadvantage for indirect discrimination claim - The Supreme Court in Essop v Home Office has allowed the claimants' appeal against the Court of Appeal's rejection of...more

U.S. Equal Employment Opportunity Commission...

Nestlé Waters North America To Pay $300,000 To Settle Sex Discrimination Lawsuit

Water Company Denied Position to Veteran Manager Because of Her Gender, Then Eliminated Her Job Due to 'Consolidation,' Federal Agency Charges - TAMPA, Fla. -- Nestlé Waters North America, a Stamford, Conn.-based...more

Seyfarth Shaw LLP

Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination

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Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity. In EEOC v. R.G....more

Proskauer - California Employment Law

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

FordHarrison

Headline news: Policies, procedures essential tools in fight against sexual harassment

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Last week, former Fox News Anchor Gretchen Carlson slapped Fox News Chairman and CEO Roger Ailes with a wrongful termination and sexual harassment lawsuit in New Jersey Superior Court. The lawsuit alleges that Ailes made...more

Poyner Spruill LLP

Legislature restores wrongful discharge claim eliminated by HB2

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We previously wrote a short guide for North Carolina employers on the employment law implications of House Bill 2 “HB2”...more

Genova Burns LLC

Unhappily, Ever After: NJ Supreme Court Rules Divorcing Employees Protected by NJLAD

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Unfortunately, not all marriages are happily ever after. When divorce seems inevitable, losing your job as a result of a looming divorce is something no employee wants to worry about. On June 21, 2016, the New Jersey...more

Seyfarth Shaw LLP

Don’t Be a Menace to South Central (Houston Action Council) When Your ERISA Claim Is No Good

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision district court ruling affirms that in a benefit discrimination claim, just as in a typical claim of employment discrimination, to survive summary judgment a plaintiff must demonstrate that...more

Zelle  LLP

Employment Law Navigator – Week in Review: January 2016

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Last week, Cargill Meat Solutions terminated approximately 190 employees who failed to report to work for three consecutive days. The employees, who are Muslim, stayed away from work in protest over the meatpacking plant’s...more

Constangy, Brooks, Smith & Prophete, LLP

Be Thankful You’re Not An Employment Law Turkey

Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments....more

Mintz - Employment, Labor & Benefits...

The Second Circuit (Sort of) and the Fourth Circuit (Completely) Refuse to Apply “Manager Rule” to Title VII Retaliation Claims

The so-called “manager rule” addresses a concern that employers may face a “litigation minefield” if a manager whose very job duties required them to report discrimination complaints could later sue for retaliation if they...more

Zelle  LLP

That is SO last week - September 2015 #3

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Last week, The New York Times reported that men “feel entitled to take time off for family” too. The subject of the article was Josh Levs, a former CNN reporter who wanted more time off when his third child was born...more

Maynard Nexsen

Fourth Circuit Rejects "Manager Rule" Exception in Title VII Retaliation Cases

Maynard Nexsen on

Title VII of the Civil Rights Act of 1964 not only prohibits discrimination based on race, color, sex, religion, and national origin, but also prohibits retaliation against individuals who oppose unlawful discrimination or...more

Seyfarth Shaw LLP

Court Finds Against EEOC And Holds Charging Party Who Represented Herself As Being “Totally Disabled” Was Not Qualified To Perform...

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In EEOC v. Vicksburg Healthcare LLC, et al., Case No. 13-CV-895 (S.D. Miss. Aug. 27, 2015), Judge Keith Starrett of the U.S. District Court for the Southern District of Mississippi recently rejected the EEOC’s lawsuit. He...more

Genova Burns LLC

New Jersey Appellate Division Rules that Nurse’s Termination Based On Her Physical Limitations Could Violate The NJLAD

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On August 28, 2015, the Superior Court of New Jersey, Appellate Division in Grande v. Saint Clare’s Health System, reversed the decision of the trial court granting summary judgment to the defendant finding that plaintiff’s...more

Constangy, Brooks, Smith & Prophete, LLP

How Much, Er, Discovery Is Allowed In A Transgender Lawsuit?

Well, this should be interesting. As I’ve reported before, the Equal Employment Opportunity Commission has sued a funeral home chain in the Detroit area for terminating Aimee Stephens, a transgendered woman, because she...more

Seyfarth Shaw LLP

Court Issues Preliminary Injunction Prohibiting Employer From Terminating Employee Pending Resolution Of EEOC Lawsuit

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On July 22, 2015, in Equal Employment Opportunity Commission v. Peters’ Bakery, Case No. 13-CV-045107 (N.D. Cal. July 22, 2015), Judge Beth Labson Freeman of the U.S. District Court for the Northern District of California,...more

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