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What To Do When Employee Misconduct And Protected Activity Collide?

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

Second Circuit Rules Against Plaintiff in AutoZone Case and Allows Nixing of her Deposition

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

Rumor Has It–Workplace Gossip About Female “Sleeping Her Way To The Top” Could Be Sex Discrimination

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

Actions Taken in Violation of State Law May Not Be Protected Activities Under Title VII

Plaintiffs often have difficulty producing evidence of comparators when attempting to prove unlawful discrimination because records contained in personnel files are confidential, but any attempts to gather such evidence must...more

Sixth Circuit Court Agrees with Home Healthcare Employer’s Termination of Nurse

Seyfarth Synopsis: In this case a home-care nurse complained about the quality of care her patient received from the patient’s family members. Subsequent review and inspections by the company found some “serious problems”...more

Second Circuit Court Holds HR Director is Individually the “Employer”

In an opinion last week, the Second Circuit ruled that a company’s human resources (HR) director could be held individually liable for Family and Medical Leave Act violations. The Court said that the HR director had...more

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