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Labor & Employment Civil Rights Civil Procedure

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

4 Key Trends In Workplace Class Action Litigation For 2017: #3 Governmental Enforcement Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Despite the major ideological shift that occurred within American politics in 2017, government-initiated litigation continued to flourish if not increase even after with the election of the pro-business...more

No Good Deed Goes Unpunished: Google Now Accused Of Bias Against Women And Men

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Google now finds itself in the unfortunate position of being accused of discrimination against women in pay and promotions and – according to a new complaint filed in California Superior Court – against...more

4 Key Trends In Workplace Class Action Litigation For 2017: #2 Class Certification

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As our 2018 Workplace Class Action Report describes, 2017 was quite an interesting year for employers in terms of class certification rulings. Though courts issued many favorable class certification...more

“Don’t Tase Me, Boss!” Eleventh Circuit Reinstates Claims of Police Officer Who Refused Taser Training

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

Dr. King’s Message Rings True Today In The Context Of The LGBTQIA Community

Martin Luther King, Jr. wrote from a jail cell in Birmingham in 1963, "[t]here are two types of laws: there are just laws and there are unjust laws....How does one determine when a law is just or unjust?...Any law that...more

4 Key Trends In Workplace Class Action Litigation For 2017: #1 Class Action Settlements

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The monetary value of the top workplace class action settlements skyrocketed in 2017. Though all-time highs in this category were reached in each of the past three years, this year’s Report found that...more

New Year, Same Accommodations…Employer Forced to Shell Out Millions for Failure to Accommodate Employee on Disability Leave

Accommodate - verb, to make suitable or consistent; adapt - This simple word, or the lack thereof, is costing a California non-profit, the Asian American Drug Abuse Program, Inc. (AADAP), a lot more than a broken New...more

Refusal to Take Flu Vaccine Not Based on Religious Beliefs

From time to time, health care employers find themselves faced with employees who refuse to take mandatory vaccines intended to protect themselves and their patients from exposure to infectious diseases. Sometimes these...more

Employment News - January 2018

by Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Promises, promises – individual pay offers a breach of TULRCA... - You and whose army? EHRC outlines approach to enforcing gender pay gap...more

2017 Year in Review: Securities Litigation and Regulation

The securities litigation and regulatory landscape in 2017 defies simple categorization. Plaintiffs filed 226 new federal class actions in the first half of 2017, more than double the average rate over the last 20 years, and...more

Supreme Court Rejects Disabled Employee’s Bid to Revive His $2.6 Million ADA Jury Verdict: Why You Should Still Regularly Update...

by Bryan Cave on

On October 16, 2017, the Supreme Court rejected an employee’s petition for review of a decision in Stevens v Rite Aid Corporation. Stevens sued under the Americans with Disabilities Act (“ADA”) for alleged discriminatory...more

Listing Essential Function In Job Description Essential To Defeat ADA Claim

by Jackson Lewis P.C. on

The Eleventh Circuit Court of Appeals recently vacated the lower court’s grant of summary judgment that dismissed a disability discrimination claim brought by a female police detective. Years earlier, the detective suffered...more

Failure to Investigate and Fat-Shaming Permit Employment Claims to Proceed

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more

SCOTUS Declines to Hear Sexual Orientation Discrimination Case

The United States Supreme Court has denied certiorari in the case of Evans v. Georgia Regional Hospital, in effect leaving in place an Eleventh Circuit ruling that Title VII of the Civil Rights Act of 1964 does not cover...more

Employment Law - December 2017 #2

NLRB’s Noteworthy Developments - Recent decisions from the National Labor Relations Board (NLRB) find the board overturning two of its previously established standards. The NLRB overturned its standard for assessing the...more

Google Wins California Pay Equity Class Action Lawsuit – But More To Come?

by Fisher Phillips on

A California Superior Court judge in San Francisco handed Google a win in its defense of a putative class action brought by three former employees, dismissing the pay equity Complaint as to all three plaintiffs. While Google...more

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

by Littler on

In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Eleventh Circuit Upholds Alabama Cop’s Win In Pregnancy And FMLA Case

by Jackson Lewis P.C. on

The U.S. Court of Appeals for the Eleventh Circuit has affirmed a jury verdict in favor of a former Alabama police officer on her pregnancy and Family and Medical Leave Act (FMLA) claims. Hicks v. City of Tuscaloosa, Ala.,...more

Supreme Court Refuses to Decide Whether Title VII Covers Sexual Orientation

by Poyner Spruill LLP on

On December 11, 2017, the United States Supreme Court denied a petition to review a lower court ruling that held Title VII of the Civil Rights Act of 1964 (Title VII) does not provide protection against harassment or...more

It May Be A New World For Sexual Harassment, But Many Old Rules Still Apply

by Dorsey & Whitney LLP on

In the weeks since allegations began to surface regarding the sexually predatory behavior of movie mogul Harvey Weinstein, sexual harassment allegations (sometimes admitted and sometimes disputed) against powerful, prominent...more

Are Your Social Media Recruitment Practices Discriminatory? Employers Facing Age Discrimination Class Actions

by Nilan Johnson Lewis PA on

Plaintiffs’ lawyers currently are threatening employers that recruit new employees via social platforms—Facebook, LinkedIn, etc.—with age discrimination class action lawsuits. The plaintiffs’ lawyers aggressively demand an...more

SCOTUS Won't Review Sexual Orientation Bias Case

The issue of whether Title VII prohibits sexual orientation bias will have to be resolved another day. This week the U.S. Supreme Court denied a petition for writ of certiorari filed by the plaintiff in Evans v. Georgia...more

First Circuit: The Best Offense Is A Good Defense?

by Carlton Fields on

In Mount Vernon Fire Ins. Co. v. VisionAid, Inc., No. 15-1351P2-01A (1st Cir. Nov. 15, 2017), the First Circuit Court of Appeals ended long-running insurance coverage litigation arising from policyholder VisionAid, Inc.’s...more

Seventh Circuit Affirms Summary Judgment in Favor of Employer Finding That Required Mental-Health Examinations Did Not Violate the...

by FordHarrison on

Recently, the United States Court of Appeals for the Seventh Circuit in Painter v. Illinois Department of Transportation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging a...more

Overseas Affiliate Not Subject to Title VII Jurisdiction

Employment laws and standards of conduct greatly vary from country to country. U.S. employees working overseas for their U.S. employer generally enjoy the same legal protections as if they were working at home. ...more

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