News & Analysis as of

Wrongful Termination Title VII Employer Liability Issues

Proskauer - Law and the Workplace

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more

Littler

$10 Million “Reverse” Race & Gender Discrimination Verdict Gives DE&I Programs a Halloween Fright

Littler on

For the past several years, companies have been focused on creating and executing meaningful diversity, equity and inclusion (DE&I) programs to address the multi-faceted challenges—and opportunities—of diversifying their...more

Miller Canfield

6th Circuit Clarifies Opposition Clause of Title VII - Performance of Regular Job Duties as Protected Activity

Miller Canfield on

Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more

TNG Consulting

Vocal Coach’s Concerns of Disparate Treatment Insufficient to Undo her Dismissal

TNG Consulting on

Warmington v. Board of Regents of the Univ. of Minnesota U.S. Dist. Ct., D. Minn. (April 21, 2020) - PROCEDURAL HISTORY:  Warmington, a highly accomplished and nationally recognized track and field coach, resigned in...more

McDermott Will & Emery

COVID-19 Vaccine FAQs for Employers

McDermott Will & Emery on

Yes, an employer can implement a mandatory COVID-19 vaccination policy, subject to some conditions and exceptions. A mandatory vaccine policy must be job-related, consistent with business necessity or justified by a direct...more

Genova Burns LLC

It Takes Two to Tango: Third Circuit Reminds Employees of Their Reciprocal Obligations in the Interactive Process

Genova Burns LLC on

On March 31, 2020, the Third Circuit Court of Appeals affirmed the District Court’s dismissal of discrimination, retaliation, and wrongful termination claims filed by an ex-accountant of a local board of health. In Petti v....more

Seyfarth Shaw LLP

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more

Proskauer - California Employment Law

Employer That “Mistakenly” Terminated Employee On Disability Leave May Be Liable For Discrimination

Glynn v. Superior Court, 42 Cal. App. 5th 47 (2019) - John Glynn worked as a pharmaceutical sales representative before he commenced a medical leave of absence for a serious eye condition (myopic macular degeneration)....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Blackstone Consulting, Inc. for National Origin Discrimination

Los Angeles-Based Service Fired Cleaner Because She Wasn't Fluent in English, Federal Agency Charges - BALTIMORE - Blackstone Consulting Inc, which provides environmental, facilities management and other services to...more

U.S. Equal Employment Opportunity Commission...

Century Care of Laurinburg to Pay $30,000 to Settle EEOC Pregnancy Discrimination Suit

Pregnant Nursing Assistants Were Denied Accommodations and Fired, Agency Charged - CHARLOTTE, N.C. - Century Care of Laurinburg, Inc. d/b/a Scottish Pines Rehabilitation & Nursing Center (Scottish Pines), a North Carolina...more

U.S. Equal Employment Opportunity Commission...

DSW Shoe Warehouse to Pay $40,000 to Settle EEOC Race Discrimination Lawsuit

Nationwide Shoe Retailer Unfairly Disciplined and Terminated a Black Assistant Manager, Federal Agency Charged - CLEVELAND- DSW Shoe Warehouse Inc., a nationwide shoe retailer headquartered in Columbus, Ohio, will pay...more

U.S. Equal Employment Opportunity Commission...

SoftPro to Pay $80,000 to Settle EEOC Disability Discrimination Suit

Software Company Fired Employee for Perceived Disability, Federal Agency Charged - RALEIGH, N.C. - SoftPro, LLC, a Delaware software company headquartered in Raleigh, N.C., will pay $80,000 and provide other relief to...more

U.S. Equal Employment Opportunity Commission...

Global Ministries Sued by EEOC for Retaliation

Communications Specialist Fired for Complaining About Race Discrimination, Federal Agency Charges - ATLANTA - The general board of Global Ministries of the United Methodist Church, Inc. doing business as Global Ministries...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues George W. Morosani and Associates, LLC for Retaliation

Company Fired Employee Because He Complained Supervisor Used Racial Slurs, Federal Agency Charges - ASHEVILLE, N.C. - George W. Morosani and Associates, LLC, a North Carolina limited liability company headquartered in...more

U.S. Equal Employment Opportunity Commission...

Alliance Ground to Pay $135,000 to Settle EEOC Harassment and Retaliation Lawsuit

Chicago Cargo Company Tolerated Sexual Harassment of Female Employees and Fired a Male Employee for Speaking Out, Federal Agency Charged - CHICAGO - Alliance Ground International, a cargo handling company that performs...more

McAfee & Taft

Employers may be liable for harassment by a non-employee

McAfee & Taft on

“Claims of sexual harassment typically involve the behavior of fellow employees. But not always,” said a federal appeals court in Gardner v. CLC of Pascagoula, LLC. The case shows employers must take employee complaints of...more

Proskauer - Law and the Workplace

Gardner v. CLC of Pascagoula, LLC –What Constitutes “Severe and Pervasive” Conduct With Respect to “Third-Party Harassment”?

Employers may be liable to their employees for harassment by non-employees under Title VII. Courts have found liability for this so-called “third-party harassment” in some of the following fact-specific contexts: waitresses...more

Zuckerman Spaeder LLP

Can You Fire Someone For Racist Tweets?

Zuckerman Spaeder LLP on

On May 29, Roseanne Barr posted a tweet comparing former Obama adviser Valerie Jarrett to an ape. ABC’s reaction was swift and decisive: it fired Barr and cancelled her show. ABC’s decision led to pontification from...more

U.S. Equal Employment Opportunity Commission...

Jury Awards $5.1 Million For Workers in EEOC Religious Discrimination Case Against United Health Programs of America, Inc. And...

Health Network Violated Federal Law by Creating a Hostile Work Environment through Forced Participation in Religious Activities, Jury Found - NEW YORK - Following a three-week trial, on April 25, a unanimous Brooklyn...more

Skadden, Arps, Slate, Meagher & Flom LLP

Federal Court Rulings Growing in Favor of LGBT+ Employees

As members of the lesbian, gay, bisexual and transgender community (LGBT+) are increasingly open at work about their identities, circuit courts are recognizing that Title VII of the Civil Rights Act protects them from...more

Seyfarth Shaw LLP

Eighth Circuit: Employer May “Elaborate” On Explanation For Termination During Litigation

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent decision, the Eighth Circuit held that Title VII does not require an employer to provide an employee a reason for termination at the time of termination, and that an employer is not strictly...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Company’s Reaction to Claim of Unequal Pay Provides Lessons for Employers

Complaints of unequal pay should not be taken lightly, and certainly should not be met with an immediate adverse employment action. The U.S. Court of Appeals for the Eighth Circuit recently reinstated a female office worker’s...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

FordHarrison

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

FordHarrison on

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

HB2 and You: A Short Guide for North Carolina employers

Poyner Spruill LLP on

Any North Carolinian not living under a rock has seen or heard something about North Carolina House Bill 2 by now. But what does this law, also known as the Public Facilities Privacy & Security Act, mean for private employers...more

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