Seyfarth Synopsis: This blog considers sexual harassment allegations in the context of the holiday party. To date, no one seems immune from the allegations: celebrities, politicians, presidents. See for instance Time...more
Seyfarth Synopsis: Michigan college loses motion for summary judgment in former instructor’s age discrimination claims because the college provided “shifting justifications” over time for its decision not to interview...more
The U.S. Department of Labor has blogged about the safety of workers during the busy holiday season, indicating an area of potential enforcement for OSHA in the coming weeks....more
Seyfarth Synopsis: Employers can take precaution against discrimination claims by ensuring they have legitimate, nondiscriminatory reasoning for their decision-making. An honest explanation of their behavior makes it...more
Seyfarth Synopsis: On July 14, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in an Americans With Disabilities Act discrimination and retaliation case filed by an employee with multiple...more
Seyfarth Synopsis: In a recent ruling, Brooks v. Avancez, (Decided July 6, 2022) the U.S. Court of Appeals for the Seventh Circuit affirmed a finding for summary judgment for an employer after it was found to have terminated...more
Seyfarth Synopsis: Accommodation requests continue to vex employers as they attempt to balance an employee’s religious beliefs with the overall needs of the business operations. But try they must....more
Seyfarth Synopsis: On April 14, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in the employer’s favor on Title VII race discrimination claims filed by an Indiana University lecturer. In...more
Seyfarth Synopsis: On February 18, 2022, the U.S. Court of Appeals for the First Circuit affirmed a district court decision granting a municipal employer’s motion for summary judgment in a case brought by a former garbage man...more
Seyfarth Synopsis: On February 11, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed a district court order granting a steel producer’s motion for summary judgment on disability discrimination claims filed by...more
Seyfarth Synopsis: Despite inopportune remarks by a decision-maker, an employer was able to prevail in an age discrimination case where underlying reason for employee’s terminated was, in fact, insubordination, and not some...more
Seyfarth Synopsis: Employees can sometimes sour on jobs they transfer to and, this in turn, can create practical and legal risk for employers, particularly where an employee changed jobs in connection with a disability...more
Seyfarth Synopsis: Athleisure company is rightfully able to terminate the employment of individual with physical limitations, despite that individual’s ability to delegate such functions of her position. See Tonyan v....more
Seyfarth Synopsis: In McCann v. Badger Mining Corporation, — F.3d. — (7th Cir. 2020), the Seventh Circuit affirmed summary judgment and held that no jury could conclude that plaintiff’s position would not have been eliminated...more
Seyfarth Synopsis: In light of recent events, the Employment Law Lookout Blog provides some reflection and thought on returning to work in uncertain times....more
Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in...more
6/2/2020
/ Adverse Employment Action ,
Corrective Actions ,
Disciplinary Proceedings ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Protected Activity ,
Race Discrimination ,
Release of Liability ,
Retaliation
Seyfarth Synopsis: The Eighth Circuit Court of Appeals ruled that a manager’s behavior toward an employee was “reprehensible and improper,” but did not rise to the level of a hostile work environment under Title VII, and...more
Seyfarth Synopsis: Effective January 1, 2020, the Illinois Workplace Transparency Act (WTA) amended the Illinois Human Rights Act (IHRA) to, among other items, require all employers in Illinois to provide annual sexual...more
2/28/2020
/ #MeToo ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Freelance Workers ,
Independent Contractors ,
Labor Regulations ,
New Guidance ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Transparency
Seyfarth Synopsis: The Americans with Disabilities Act (ADA) not only provides protection to individuals who have physical or mental impairments, but to individuals an employer may perceive to have such impairments. These...more
Seyfarth Synopsis: In affirming summary judgment in favor of AutoZone, the Second Circuit rules that a sales associate did not provide enough evidence to satisfy her burden of proof for sex discrimination, retaliation and...more
9/18/2019
/ Adverse Employment Action ,
AutoZone ,
Depositions ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Hiring & Firing ,
Hostile Environment ,
Retaliation ,
Service Advisors ,
Sex Discrimination ,
Summary Judgment
Seyfarth Synopsis: The Department of Labor issues an opinion letter clarifying that employers must promptly designate FMLA leave, regardless of the availability of paid leave....more
Seyfarth Synopsis: According to the 4th Circuit, a female employee who was subjected to false rumors that her promotion was a result of sleeping with the boss can levy her claim for sex-based discrimination against her...more
2/20/2019
/ #MeToo ,
Adverse Employment Action ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Job Promotions ,
Reputational Injury ,
Retaliation ,
Sex Discrimination ,
Sexual Harassment ,
Title VII ,
Workplace Romances
Seyfarth Synopsis: Sixth Circuit Court of Appeals clarifies that employers have discretion to provide a reasonable accommodation as identified through the interactive process. Once an employee abandons the interactive...more
Seyfarth Synopsis: For the first time since the enactment in 2008 of the ADA Amendments Act (ADAAA), which broadened the definition of a disability under the Americans with Disabilities Act (ADA), the Ninth Circuit addressed,...more
Seyfarth Synopsis: Employers must evaluate their safety protections for pregnant women and engage in the interactive process with employees to find reasonable accommodations....more
9/17/2018
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employee Reassignment ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
OSHA ,
Pregnancy ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Risk Mitigation ,
Workplace Hazards ,
Workplace Safety