If you are an employer covered by the federal Fifth Circuit (Texas, Louisiana and Mississippi), you are probably familiar with the “ultimate employment decision” standard: In determining whether an employee suffered an...more
An employer establishes a weekend work policy where only male employees can take both days off, and female employees can only take one weekend day off. Sounds like gender discrimination maybe? Well, in Hamilton, et al. v....more
An Equal Pay Act plaintiff must show that employees of the opposite sex were paid different wages for equal work. Pretty simple — right? However, there are many factors that go into deciding what is “equal work” or whether...more
Bradley attorneys have partnered with Lexology to draft the Getting the Deal Through Employment chapter for Mississippi.
This guide covers a state snapshot, the employment relationship, hiring, wage and hour,...more
11/10/2020
/ Agribusiness ,
Documentation ,
Employees ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Employment Standards Act ,
Equal Employment Opportunity Commission (EEOC) ,
Form I-9 ,
Gender Discrimination ,
Immigration ,
Independent Contractors ,
Misclassification ,
New Guidance ,
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State and Local Government ,
State Labor Laws ,
State Regulators ,
Title VII ,
Unions
In May, JPMorgan Chase entered into a class action settlement regarding allegations that it treated male employees differently than female employees under the company’s parental leave program. On its face, the terms of the...more
Employment lawyers and most HR professionals are familiar with the Faragher-Ellerth defense to a claim of sexual harassment. In short, if an employer can show that (1) it exercised reasonable care to prevent and correct...more
9/13/2018
/ Anti-Harassment Policies ,
Appeals ,
Complaint Procedures ,
Corporate Counsel ,
Dismissals ,
Employee Handbooks ,
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Failure to Report ,
Faragher/Ellerth defense ,
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Reversal ,
Sexual Harassment ,
Title VII
If an employee gets a doctor’s note saying she can’t participate in training because of a physical limitation, does that make her disabled? It might if you treat her like she is—at least that is what the Eleventh Circuit...more
1/17/2018
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employee Training ,
Employer Liability Issues ,
Gender Discrimination ,
Hiring & Firing ,
Job Descriptions ,
Race Discrimination ,
Reversal ,
Summary Judgment ,
Title VII ,
Unpaid Leave
There is an update on the Fourth Circuit decision that ruled that the FBI could reject a male agent candidate who failed his physical fitness test by not being able to do one additional push-up. On Monday, the U.S. Supreme...more
Is cuteness a protected class? Most of our mothers would say it should be. However, a recent decision in New York found a woman could not bring suit against her former employer based on her allegation that she was terminated...more
Can an employer have different physical fitness standards for men and women without running afoul of Title VII? Yes, according to the Fourth Circuit that ruled that the FBI could reject a male agent candidate who failed his...more
New York City’s Commission on Human Rights issued a document entitled “Legal Enforcement Guidance on the Discrimination on the Basis of Gender Identity or Expression: Local Law No. 3” on December 21. The Commission enforces...more
The Equal Employment Opportunity Commission (EEOC) recently filed a direct action on behalf of 34 women against Workplace Staffing Solutions, LLC alleging that the company denied the women the opportunity to become temporary...more
In a memo released by the Department of Justice yesterday, Attorney General Holder directed government attorneys to no longer exclude gender identity, including transgender issues, from Title VII’s protection against sex...more