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Adverse Employment Action Employment Litigation Employer Liability Issues

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

PilieroMazza PLLC

Supreme Court Opens Door to Broader Spectrum of Employment Discrimination Cases

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In April 2024, the U.S. Supreme Court held that transferring an employee to a new position with the same rank and pay may constitute an adverse action under Title VII. The recent decision in Muldrow v. City of St. Louis,...more

Littler

Ontario, Canada Appeal Court Finds Aggravated Damages Award Can Be Made Without Medical Evidence of Diagnosable Psychological...

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The Court of Appeal for Ontario (OCA) recently held that an employee may be awarded aggravated damages for an employer’s bad-faith conduct during the employee’s dismissal even in the absence of medical evidence identifying a...more

Perkins Coie

AZ Court Grants Summary Judgment for Employer on Hostile Work Environment and Retaliation Issues

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In Nessel v. JDM Golf LLC, 2024 WL 3494378, the U.S. District Court for the District of Arizona granted summary judgment for an employer, dismissing the federal law and Arizona state law claims of a former employee alleging...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Lowers the Bar for Title VII Employment Claims

Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more

Polsinelli

No Harm, No Foul: The Supreme Court Reduces “Harm” Standard for Discriminatory Job Transfer Claims under Title VII

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In April, the U.S. Supreme Court unanimously held in Muldrow v. City of St. Louis, that to sustain a prima facie case of employment discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), plaintiffs do...more

Locke Lord LLP

But-For, or Not But-For: That Is the Question for FMLA Retaliation Claims

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For a retaliation claim under the Family and Medical Leave Act (“FMLA”), must an employee show that an adverse employment action would not have happened but-for (i.e., it happened only because of) the employee’s request for...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

Ius Laboris on

The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Locke Lord LLP

High Court Update: Recent US Supreme Court Rulings Employers Should Know About

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Thus far, 2024 has been a whirlwind of new employment rules, statutes, guidance, and decisions for employers to grapple with and account for in their businesses. Among these decisions are a handful of rulings from the Supreme...more

Franczek P.C.

Recent Supreme Court Decision Clarifies Lower Standard of Harm for Job Transfers under Title VII

Franczek P.C. on

In a recent decision, Muldrow v. City of St. Louis, the U.S. Supreme Court clarified the standard for determining whether an adverse employment action is a sufficient basis for a discrimination claim under Title VII of the...more

Bodman

Michigan Supreme Court Expands Retaliation Liability Under Michigan’s Civil Rights Act

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The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Rules That Accommodation Requests Under the ADA Can Be Inferred Without Explicit Employee Request

Following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, which lowered the threshold for employees to demonstrate discrimination under Title VII, the Sixth Circuit has expanded the scope of what employers...more

Manatt, Phelps & Phillips, LLP

Title VII Doesn’t Require ‘Significance Test,’ Supreme Court Rules

A Title VII plaintiff does not need to demonstrate that the injury alleged satisfies a significance test, the U.S. Supreme Court has ruled. ...more

Dentons

Promotion and Demotion – What to Watch For

Dentons on

In a recent U.S. Supreme Court case, a police sergeant alleged that she was transferred from one job to a less desirable job in the police department because of her sex....more

Akerman LLP

How Much Worse Off Must an Employee Be Post-Job Transfer to State a Title VII Claim?

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In what may be considered a “win” for employees, the United States Supreme Court recently clarified that an employee challenging a job transfer as “discriminatory” need only prove that they sustained “some” harm due to the...more

Conn Maciel Carey LLP

Employers Beware: Title VII Now Allows Employees to More Easily Challenge Your Decision to Transfer or Reassign Them

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On April 17, 2024, the United States Supreme Court issued an opinion in Muldrow v. City of St. Louis, Missouri, a case involving a St. Louis Police Department officer’s claim that she was subject to a discriminatory job...more

Bradley Arant Boult Cummings LLP

An Opinion Is an Opinion, But an Opinion with a Threat Is a Threatening Opinion, and Threatening Opinions Are Unlawful Under the...

A National Labor Relations Board administrative law judge in San Francisco recently ruled that Amazon CEO Andy Jassy violated the National Labor Relations Act when he commented on labor unions through several media outlets....more

Venable LLP

Labor Pains: You Moved My Parking Spot! I'm Suing

Venable LLP on

Picture this: You're just about set to open a new workplace in Smallsville. The only hurdle remaining is finding the right person to manage the new location. After giving this problem considerable thought, you think you've...more

Lerch, Early & Brewer

What Employers Need to Know About the Recent Supreme Court Decision in Muldrow

Lerch, Early & Brewer on

On April 17, 2024, the Supreme Court issued a decision in Muldrow vs. City of St. Louis, which held that Title VII – which bars employers from discriminating in decisions involving among other things, lateral transfers – does...more

Bricker Graydon LLP

Supreme Court Expands Workers’ Ability to Sue Based on Job Transfer

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In a recently decided case, the U.S. Supreme Court held that a job transfer may demonstrate adverse action even when the transfer does not result in a loss of pay or other benefit. A unanimous Court held in Muldrow v. City of...more

Cranfill Sumner LLP

Supreme Court Lowers the Bar for Employment Discrimination Claims: Only “Some Injury” Required

Cranfill Sumner LLP on

On April 17, 2024, the United States Supreme Court issued its much-anticipated decision in Muldrow v. City of St. Louis (No. 22-193) and held that “some injury” is sufficient to establish a federal discrimination or...more

Robinson Bradshaw

SCOTUS Clarifies Broad Title VII Protections for Job Changes

Robinson Bradshaw on

On April 17, the U.S. Supreme Court unanimously confirmed that private employers can be liable for changing an employee’s working terms and conditions because of race or another protected status, even if the changes do not...more

Miller Nash LLP

U.S. Supreme Court Makes Discrimination Claims Easier to Prove by Recognizing Job Transfer Can Be Adverse Action

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Adverse employment action in employment discrimination claims are easier to prove with the U.S. Supreme Court’s much-anticipated April 17, 2024 decision in Muldrow v. City of St. Louis, Missouri. Plaintiff police sergeant...more

Miles & Stockbridge P.C.

Supreme Court Eases Standard for Employees to Demonstrate Title VII Discrimination

The Supreme Court last month made it easier for employees who are involuntarily transferred from one position to another to pursue employment discrimination claims under Title VII of the Civil Rights Act of 1964....more

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