News & Analysis as of

Wrongful Termination Equal Employment Opportunity Commission

What Pretext? The Tenth Circuit Shows the Value in Trucking & Transportation Employers Citing to Safety and Customer Complaints to...

by Genova Burns LLC on

On March 10, 2017, the Tenth Circuit in Henson v. AmeriGas Propane, Inc., no.: 16-7057, declined to revive a discrimination and wrongful discharge lawsuit in finding that the lower court was correct in its holding that that...more

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

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

by Seyfarth Shaw LLP on

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

Properly Accommodating Pregnant Employees in Hazardous Workplaces

by SmithAmundsen LLC on

The settlement of a recent pregnancy discrimination lawsuit brought by the Equal Employment Opportunity Commission (EEOC) against RTG Furniture Corp., provides a valuable reminder to employers that even well-intentioned...more

Court Affirms Incorporating Federal Labor Laws Into Tribal Code Does Not Waive a Tribe's Sovereign Immunity

by Stinson Leonard Street on

On February 21, 2017, a federal court in Wisconsin reaffirmed a tribe's sovereign immunity with respect to Title VII claims of wrongful termination. See Bruguier v. Du Flambeau, 16-cv-604-jdp, (W. Dist Wisc. February 21,...more

Weighty Issues: Obesity And The But-For Test Under The ADAAA

by Jackson Lewis P.C. on

Obesity is still a hot topic both in our health conscious culture and in our courtrooms where we continue to see ADAAA claims based on the notion that an employer fired an employee because the employee was obese. After the...more

Rooms to Go To Pay $55,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Furniture Company Fired Employee After She Disclosed She Was Pregnant, Federal Agency Charged - CHARLOTTE, N.C. - RTG Furniture Corp. of Georgia, a Florida corporation that operates a chain of Rooms to Go furniture...more

Q&A with Paula Williams: Guidelines allow voluntary employer wellness programs

by GableGotwals on

Guidelines allow voluntary employer wellness programs - Q: A federal court recently heard a case involving a corporate wellness program. What was the basis for the Equal Employment Opportunity Commission (EEOC) lawsuit...more

National Origin Discrimination – A New Frontier?

by Ruder Ware on

Immigration law is said to be the next major debate in both state legislatures and Congress. While that debate will focus on the rights of immigrants to gain legal status in our country, employers can anticipate many new...more

Mexicali Chicken & Salads Ordered To Pay $27,700 to Resolve Sexual Harassment Lawsuit Filed By EEOC

Young Female Employee Sexually Harassed by Restaurant Manager and Terminated After She Complained, Federal Agency Charged - SAN DIEGO - A federal judge has ordered Mexicali Chicken & Salads, an El Centro, Calif.-based...more

EEOC Reminds Employers that Mental Health Conditions Are Covered by the ADA

On December 12, 2016, the EEOC issued a guidance document discussing workplace rights for individuals diagnosed with mental health conditions under the Americans With Disabilities Act. The EEOC noted that in 2016, the agency...more

Terminated Disney Employees Allege that Outsourcing Work to Indian Workers Discriminated against American Workers

by Franczek Radelet P.C. on

Disney continues to face legal repercussions from the company’s 2014/15 layoffs of numerous American IT workers, and the outsourcing of their functions to two Indian companies employing H-1B workers. On Monday, Dec. 12th,...more

Courts Say Title VII Forbids Employment Discrimination Based on Sexual Orientation and Gender Identity

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Increasingly, courts have held that discrimination on the basis of sexual orientation and gender identity violates Title VII. Federal district courts in Nevada and Pennsylvania have recently joined their...more

Bentonville McDonald’s To Pay $103,000 To Settle EEOC Disability Discrimination Suit

Restaurant Fired Employee Because of His HIV Status, Federal Agency Charged - LITTLE ROCK, Ark. - A McDonald's restaurant owned and operated by Mathews Management Company and Peach Orchard, Inc. in Bentonville, Ark.,...more

Justice Department Seeks to Intervene in Lawsuit Alleging Race Discrimination and Retaliation by Pocomoke City, Maryland, the...

WASHINGTON - The Justice Department announced today that it has moved to intervene in Savage et al. v. Pocomoke City et al., a private lawsuit alleging race discrimination and retaliation under Title VII of the Civil Rights...more

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

Diallo’s Of Houston Sued by EEOC For Disability Discrimination

Nightclub and Party Venue Illegally Fired Disabled Employee After Making an Unlawful Medical Inquiry Based on HIV Hearsay - HOUSTON - Diallo's, a Houston-area nightclub and party venue, violated federal...more

EEOC Sues Physicians Management Groups For Disability Discrimination

Doctor's Contract Terminated for Taking Prescribed Medications, Federal Agency Charged - ATLANTA - Two Atlanta physicians groups, Georgia Hospitalists Group, LLC and ApolloMD Business Services, LLC, violated federal law...more

EEOC Sues M&T Bank for Disability Discrimination

Bank Fired Manager Instead of Accommodating Her Disability, Federal Agency Says - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, violated federal law when it refused to provide a...more

Wisconsin Court Rejects Employer’s Argument That Wellness Programs Are Insulated from Disability Law

Trial to Be Scheduled on Retaliation Claim - MILWAUKEE - A federal court has ruled in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a disability discrimination case involving wellness programs filed...more

Just What The Doctor Ordered: Court Denies The EEOC’s Motion For Summary Judgment In ADA Suit Regarding Employer’s Wellness...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After the EEOC brought an action under the Americans With Disabilities Act against an employer who implemented a wellness program requiring employees to take a health assessment to participate, the Court...more

EEOC Sues Dash Dreams for Pregnancy Discrimination

Orchid Grower Fired Several Employees After Childbirth, Federal Agency Charges - FRESNO, Calif. - Dash Dreams Plant, Inc., a grower and wholesale distributer of orchids in Dos Palos, Calif., violated federal law when it...more

One Expensive Bottle of Orange Juice: Denial of a $1.69 Orange Juice Costs Dollar General $277,565 in Back Pay and Damages

On September 16, 2016, a Tennessee jury awarded Linda Atkins, a former Dolgencorp LLC (“Dollar General” or the “Company”) Sales Associate, $277,565 in back pay and compensatory damages after being fired for drinking orange...more

Philips Lighting To Pay $56,000 to Settle EEOC Retaliation Charge

Lighting Company Fired Security Guard Because His Grandfather Had Sued It, Federal Agency Charged - ST. LOUIS -- Philips Lighting of North America will pay $56,000 and furnish other relief to settle a retaliation lawsuit...more

Apria Healthcare Group to Pay $100,000 To Settle EEOC Disability Discrimination Suit

Company Laid Off Warehouse Clerk After She Notified Them of Medical Restrictions, Federal Agency Charged - ALBUQUERQUE, N.M. - Apria Healthcare Inc., a home medical provider that offers medical equipment and services in...more

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