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District Court Awards Punitive Damages In Sex-Based Harassment EEOC Suit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In E.E.O.C. v. Scott Medical Health Center, P.C. No. CV 16-225, 2017 WL 5493975, at *2 (W.D. Pa. Nov. 16, 2017), a default judgement of liability was entered against the defendant company for sex-based...more

U.S. Supreme Court to Appellant – Time Is On Your Side

We have written previously on this blog about the importance of a timely notice of appeal in the Massachusetts Appeals Court. The issue bears revisiting in the federal courts following the decision by the United States...more

Correctional Officers FEHA Claims are Barred by Res Judicata for Already Adjudicated Workers’ Compensation Cases

The California Court of Appeal recently held that employees’ workers’ compensation decisions barred them from pursuing similar claims under the Fair Employment and Housing Act (“FEHA”) based on the doctrine of res judicata. ...more

Judges and Legislators in Chicago and California Seek to Expand Protections for Hotel Workers

In the wake of a deluge of sexual harassment accusations being leveled against high profile figures, and the ensuing #MeToo social media movement, some legislators and judges have been eager to expand protections for certain...more

An Employer’s Duty To Accommodate Not So-Common Religious Practices

by Pepper Hamilton LLP on

Q. An employee has requested that the company give her an accommodation due to a religious practice I have never heard of. Do we have to comply with this request? A. Title VII of the Civil Rights Act of 1964 protects...more

[Event] CLE Event: "Whistling at Work" - December 7th, Columbus OH

by BakerHostetler on

The Top 5 Issues for Navigating the Employment Relationship to Avoid and Defend Whistleblower Retaliation Complaints Topics - - Whistleblower 101: Law and Process - Whistleblower and Compliance Policies: Prevention...more

Online Retailers Beware: Court Holds Website Violates ADA Despite Lack of Physical Store

by Bryan Cave on

Courts across the country continue to weigh in on the issue of website accessibility. Last week, the U.S. District Court for the District of New Hampshire denied a motion to dismiss filed by online food delivery servicer Blue...more

The Importance of Adopting Effective Policies and Procedures for Handling Harassment in the Workplace

by Poyner Spruill LLP on

The news has been filled lately with reports of harassment allegations against all sorts of famous people. From politicians to movie stars, many public figures are finding themselves embroiled in legal battles based on their...more

Lessons You Can Learn From the Chadbourne Litigation and Ensuing Discovery Disputes

by Fisher Phillips on

When you combine an increased social awareness of pay disparity issues with an influx of new pay equity legislation at the state and local level, it’s no surprise that lawsuits involving large and high-profile employers are...more

Serial Plaintiffs’ Lawyer Commences Latest Round of Hotel Litigation: How Can Hotels Protect Themselves?

Just as one flood of lawsuits against Arizona businesses finally dries up, another downpour begins. Peter Strojnik of Phoenix, the same attorney who filed more than 1,100 lawsuits that drew the attention of the Arizona...more

Employment News - November 2017 #2

by Hogan Lovells on

Prove it! Right to work in UK meant reason for dismissal not illegality - In Baker v Abellio London Ltd, the EAT confirmed that illegality was not the reason for the dismissal of an employee who had the right to work in...more

Yoga and Massage Therapist Fired for Being “Too Cute” Sees Gender Discrimination Revived on Grounds of Unjustified Spousal...

A New York appeals court recently ruled in Edwards v. Nicolai (153 A.D.3d 440 (N.Y. App. Div. 1st Dep’t 2017)) that an employment termination motivated by the sexual jealousy of an employer’s spouse may support a claim for...more

Beware the Rumor Mill: Massachusetts Court Finds Reporting of Rumored Office Romance May Be Protected Activity

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A Massachusetts federal court has found that reporting a rumored office romance and complaining about paramour favoritism can be protected activity that is protected by anti-retaliation laws. The court also...more

Court Confirms That “Perceived Alcoholics” Can’t Bring Workplace Claims In NYC

by Fisher Phillips on

In a solid win for New York City employers, the New York Court of Appeals held that a worker cannot bring a disability discrimination claim under New York City law based solely on a perception of untreated alcoholism. Through...more

Pay Equity Litigation – Even winning can be expensive!

by Fisher Phillips on

The Third Circuit’s affirmation of summary judgment in a pay equity case after ten years of litigation shows that even non-meritorious claims can be time-consuming and costly. As many who have been involved in lawsuits know,...more

WEB EXCLUSIVE: EEOC Trial Tactics Lead To Massive Sanctions Award

by Fisher Phillips on

After more than ten years of protracted litigation brought by the Equal Employment Opportunity Commission (EEOC), including a stop at the U.S. Supreme Court, an Iowa federal district court recently upheld an award of nearly...more

Location, Location, Location: New Website Accessibility Decision May Encourage Forum Shopping

On November 8, 2017, the U.S. District Court for the District of New Hampshire joined the ranks of the federal courts that have held that a website itself is a place of public accommodation—even if the business that maintains...more

Employer ADA Test Conundrum? Seventh Circuit Flip Flops on ADA Accommodation Ruling

by LeClairRyan on

The Seventh Circuit ruled that an employee’s extended medical leave request was “categorically unreasonable” under the ADA. However, what should an employer do when one of the Seventh circuit judges writes that prior decision...more

California Employment Law Notes - November 2017

Newly Enacted California Statutes - Statewide "Ban-the-Box" Legislation - Known as "Ban-the-Box" legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new...more

Unanimous Supreme Court Scolds Lower Court Over Appellate Deadline Rule - Translation: Sick SCOTUS Burn Over Hyper - Technical...

by Fisher Phillips on

In a unanimous decision, the U.S. Supreme Court ruled today that a federal procedural rule that allows a district court to extend an appeal deadline by no more than 30 days is a non-jurisdictional, mandatory claims processing...more

The Supreme Court - November 8, 2017

by Dorsey & Whitney LLP on

Hamer v. Neighborhood Housing Servs. Of Chicago, No. 16-658: Petitioner Chamaine Hamer’s Title VII action was dismissed at summary judgment, and final judgment was entered. A week before the 30-day deadline for her notice...more

What is Website Accessibility and Why Does It Matter?

by Womble Bond Dickinson on

If you’re anything like us, a discussion that turns to the topic of software coding elicits panic– “are they going to want my legal opinion about this? Oh no! There’s a reason I didn’t take the patent bar – all those science...more

Is a Dependent’s Gender Reassignment Covered Under Employer-Sponsored Benefits Plans?

by Bowditch & Dewey on

In Tovar v. Essentia Health (U.S. 8th Circuit Court of Appeals, 2017), Brittany Tovar sought and was denied benefits needed for her son’s gender reassignment based on a diagnosis of gender dysphoria, as the Essentia health...more

Fourth Circuit Finds Employer Not Liable for Terminating Employee Believed to Have Made False Report of Harassment

by Poyner Spruill LLP on

Can an employer be held liable under Title VII when it fires an employee based on a good faith belief that she falsely accused another employee of sexual harassment — even if that belief may have been based upon a mistake of...more

'Honest Belief' of FMLA Misuse May Defeat Claims

by Pepper Hamilton LLP on

The Third Circuit Court of Appeals (which covers Pennsylvania) recently handed a victory to employers that struggle with employees who misuse Family and Medical Leave Act (FMLA) leave — particularly intermittent FMLA...more

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