#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
Seyfarth Synopsis: In a welcome turn of events, the Seventh Circuit has taken up the question of what is the appropriate standard for court-authorized notice in collective actions....more
On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit....more
Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more
Settles Federal Lawsuit Nursing and Rehabilitation Facility Fired Physical Therapy Assistant Because of His Age and Sex - CLEVELAND – The Laurels of Athens, a nursing and rehabilitation facility in Athens, Ohio, owned and...more
This is the eighth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more
A recent case from the United States Fourth Circuit Court of Appeals, Lattinville-Pace v. Intelligent Waves LLC, has important implications for employers. In the case, a 67-year-old employee brought suit alleging age...more
Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more
Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more
In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue...more
A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more
New Jersey Branch Subjected Older Workers to Discriminatory Hiring and Recruitment Practices, Federal Agency Charged - TRENTON, N.J. – Hatzel & Buehler, Inc., a commercial electrical contractor with branch locations in...more
Settles Federal Charges Retailer Harassed Older Managers and Fired Those Who Reported the Harassment - ST. LOUIS – Dollar General Stores will pay $295,000 and furnish other relief to settle a U.S. Equal Employment...more
On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held...more
Federal Agency Charges Food Processing Company Fired Employee Because of Age - ATLANTA – Smithfield Foods, Inc. and Smithfield Fresh Meats Sales Corporation (together, “Smithfield Foods”), which operate a food processing...more
Last week, the Equal Employment Opportunity Commission (EEOC) published its updated guidance on harassment in the workplace (the “Guidance”) which provides a comprehensive resource on federal workplace harassment law. The...more
INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more
The U.S. Equal Employment Opportunity Commission (EEOC) recently published its final Enforcement Guidance on Harassment in the Workplace. The EEOC also issued supplemental documents with the guidance, including a Summary of...more
In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more
Settles Federal Charges Retirement Community Fired Long-Tenured Receptionist Because of Age and Disability - ATLANTA – Covenant Woods Senior Living, LLC and BrightSpace Senior Living, LLC (together, “Covenant Woods”),...more
Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the...more
Brian Arnett (“Arnett”) claims that the Federal Aviation Administration (“FAA”) discriminated against him in violation of the Age Discrimination in Employment Act (“ADEA”) when he was deemed ineligible for three positions for...more
Settlement Follows Court Order Finding the District Limited Compensation of Teachers Based on Age - CHICAGO – Urbana School District No. 116 agreed to pay $206,301 to settle an age discrimination lawsuit brought by the...more
Federal Agency Charged Car Dealership Company Fired Longtime Employee To Avoid Healthcare Costs - BIRMINGHAM, Ala. – Gregg Orr Auto Collection, Inc., a group of car dealerships, has agreed to pay $325,000 and provide other...more
The U.S. Supreme Court on February 8, 2024, held in a unanimous decision that whistleblowers do not need to show retaliatory intent in order to establish protection under the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C....more
What happens when an employee believes he or she is a victim of discrimination at work? Most people understand that an employee can sue their employer/company but very few understand the concept of individual liability under...more