Last month, the U.S. Supreme Court declined to visit the legal soundness of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), a seminal decision that has outlined the burdens of proof in employment discrimination cases,...more
This past week brought several notable developments in employment law. The full Fifth Circuit agreed to revisit a major constitutional challenge to the Pregnant Workers Fairness Act (PWFA), raising policy and...more
If there’s one thing retirement plan sponsors learn quickly, it’s that “settled law” in ERISA litigation is often as stable as quick-sand. The latest example comes from the U.S. Department of Labor — and it’s a move that...more
The 11th US Circuit Court of Appeals is continuing to reshape how judges evaluate evidence in employment discrimination and retaliation cases. Its December 5 decision in Ismael v. Roundtree further distances the court from...more
The proper allocation of the burden of proof during closing arguments is a recurring issue in civil litigation. On August 19, 2025, the Illinois First District Court of Appeals affirmed the trial court’s decision to grant a...more
Just in time for the holidays, the Michigan Legislature has passed a critically important piece of legislation for free expression, media organizations and all entities or individuals who communicate on matters of public...more
On December 17, New Jersey announced its adoption of what its Attorney General is calling the “most comprehensive state-level disparate impact regulations in the country.” Effective December 15, 2025, the Division on Civil...more
For decades, courts have relied on the McDonnell Douglas burden-shifting framework as the primary method for evaluating employment discrimination claims based on circumstantial evidence. As I discussed earlier this year,...more
On December 11, 2025, the California Court of Appeal, Third Appellate District, issued a partially published decision in Dieves v. Butte Sand Trucking Company involving a truck driver’s claims against his former employers for...more
The Eleventh Circuit has further downplayed the importance of the lock-step McDonnell Douglas framework for evaluating summary judgment in employment discrimination and retaliation claims, in its latest decision in Ismael v....more
And can you prove it? As our readers know, the employer’s motivation is a key issue in an employment discrimination or retaliation case, or a wrongful discharge case....more
The Seventh Circuit has joined the Fifth and Sixth Circuits in establishing a higher bar for employees to clear before courts may authorize “notice” to potential members of an FLSA collective action. Although the Seventh...more
Terminating an employee can be one of the most consequential decisions an employer can make. The best way to mitigate risk? Honesty....more
As the summer comes into full swing and many employees take time off to enjoy summer vacation, the same cannot be said for employers. It has been no secret that private sector diversity, equity and inclusion (DEI) programs...more
The Supreme Court is likely to soon rule that majority-group plaintiffs must meet the same pre-trial evidentiary burden applicable to minority-group plaintiffs – and nothing more – in workplace discrimination claims under...more
The Puerto Rico Supreme Court has issued an opinion interpreting, for the first time, several provisions of the Puerto Rico Labor Reform Act of 2017, specifically holding the McDonnell Douglas burden-shifting framework...more
A California appellate court recently held that a burden shifting process did not apply to an employment discrimination claim where the plaintiff had not alleged discrimination on the basis of race. Quesada v. County of Los...more
The Court of Appeals of Virginia vacated a $2 billion award in a trade secret misappropriation case based on a series of evidential errors and improper jury instructions. Pegasystems Inc. v. Appian Corporation, Case No....more
On June 3rd, the New Jersey Division on Civil Rights (the “DCR”) proposed a new rule, N.J.A.C. 13:16, that codifies claims of disparate impact discrimination under the Law Against Discrimination (the “LAD”)....more
Q. Is there a new standard in New Jersey for disparate impact discrimination?...more
The US Court of Appeals for the Sixth Circuit affirmed an award of profit disgorgement and attorneys’ fees in a copyright infringement case, holding that even “workaday” or “humdrum” subject matter can support a valid...more
The Supreme Court just rejected an employer’s argument that a whistleblower needs to show the employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX), a federal law that protects...more
The McDonnell Douglas burden-shifting framework used to evaluate employment discrimination claims may not be permanently cast aside, but a recent decision reminds us that it is not the only means through which employees can...more
Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more
The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases. On December 12,...more