News & Analysis as of

Constructive Discharge Title VII

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Appellate Court Says Constructive Discharge Limitations Period Runs From Last Act of Discrimination, Not Resignation

The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme...more

U.S. Equal Employment Opportunity Commission...

EEOC and Tapco Agree to Conciliate Discrimination Charge

ST. LOUIS – Tapco Inc, a manufacturer and molder of farm equipment in Bridgeton, Missouri, agreed to conciliate two federal discrimination charges alleging sexual harassment and constructive discharge with the U.S. Equal...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues TKO Construction Services for Sex, Race and Age Discrimination, and Constructive Discharge

Federal Agency Charges Employee Was Forced to Resign After Company President Told Her Discriminate Against Women, Blacks and Older Workers - MINNEAPOLIS – TKO Construction Services violated federal law when it...more

Tucker Arensberg, P.C.

Federal Court Rules That Plaintiff’s Claims of Sex Discrimination Against a School District Were Sufficiently Pled

Tucker Arensberg, P.C. on

Colavecchia v. South Side Area Sch. Dist., No. 2:22-CV-01804-CCW, 2023 U.S. Dist. LEXIS 70461 (W.D. Pa. April 21, 2023). The United States District Court for the Western District of Pennsylvania denied South Side Area School...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Pacific Culinary and CB Foods for Sexual Harassment, Retaliation and Constructive Discharge

Asian Food Companies Failed to Prevent Sexual Harassment of Both Female and Male Employees, Federal Agency Charges - LOS ANGELES – Pacific Culinary Group, Inc. and CB Foods, Inc., two companies involved in the sale,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Domino’s Franchise for Racial Harassment, Constructive Discharge

Black Employees at Domino’s Pizza in Olean, N.Y. Subjected to Racial Slurs, Intimidation and Physical Threats, Federal Agency Charges - BUFFALO, N.Y. – Parris Pizza Company, LLC, a Domino’s Pizza franchise in Olean, New...more

Bradley Arant Boult Cummings LLP

Failing to Cite? Say Bye to Employment Claims in the 5th Circuit

Does a plaintiff have to specify not only the facts but also the law that applies? In Bye v. MGM Resorts, Inc., the Fifth Circuit looks at a common pleading issue: What do you do when a plaintiff pleads facts that may or may...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Red Robin for Sexual Harassment, Retaliation, and Constructive Discharge

Supervisors Repeatedly Ignored Workers’ Reports of Sexual Harassment, Federal Agency Charges - EVERETT, Wash. —Red Robin International, Inc., a casual dining chain with restaurants throughout the United States and Canada,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Gypsum Express for Sex Discrimination, Retaliation and Constructive Discharge

Trucking Company Subjected Women to Sex-Based Discrimination in Hiring, Federal Agency Charges - INDIANAPOLIS — The U.S. Equal Employment Opportunity Commission (EEOC) today announced that it filed suit against Gypsum...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Chipotle for Sexual Harassment, Constructive Discharge

Supervisors Repeatedly Ignored Young Workers’ Reports of Sexual Harassment, Federal Agency Charges - SEATTLE — Fast food chain Chipotle Services LLC and Chipotle Mexican Grill Inc., violated federal law by subjecting young...more

U.S. Equal Employment Opportunity Commission...

Chief Orchards Sued by EEOC for Sexual Harassment, Constructive Discharge

Supervisors Repeatedly Ignored Farmworker’s Reports of Sexual Harassment, Federal Agency Charges - SEATTLE —Chief Orchards, a tree fruit business based in Yakima, Washington, violated federal law by allowing a Latina...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues T.M.F Mooresville for Racial Harassment and Constructive Discharge at Hampton Inn

Employer Allowed Black Housekeeper to Racially Harass White Coworkers, Federal Agency Charges - MOORESVILLE, N.C. – T.M.F. Mooresville, LLC, operating as Hampton Inn & Suites in Mooresville, North Carolina, subjected white...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Applebee’s Franchisee for Sexual Orientation and Race Discrimination, Retaliation and Constructive Discharge

Employer Permitted Racist and Homophobic Slurs, and Cut Hours of Employee Who Complained, Federal Agency Charges - TAMPA, Fla. – Neighborhood Restaurant Partners Florida, LLC, doing business as Applebee’s, violated federal...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Virginia IHOP Owner for Sexual Harassment and Constructive Discharge

Restaurant General Manager Sexually Harassed Women, Including Teen Workers, Federal Agency Charges - BALTIMORE – Koerner Management Group, Inc., doing business as IHOP (KMG), a Virginia based corporation that owns 12 IHOP...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Nice Systems, Inc., for Pregnancy Discrimination, Retaliation, and Constructive Discharge

Company Denied Employee her Commission Because She was Pregnant, Retaliated against her for Complaining, and Forced her to Resign, Federal Agency Charged - PALM BEACH COUNTY – NICE Systems, Inc., a software company, which...more

Proskauer - California Employment Law

$13M UCLA Case Exposes Calif. Employment Litigation Flaws

In Pinter-Brown v. Regents of the University of California, the California Court of Appeal’s Second Appellate District recently reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its...more

PilieroMazza PLLC

"Constructive Demotion" Claim Under Title VII Gains Traction in 4th Circuit District Courts

PilieroMazza PLLC on

While the viability of a claim of “constructive demotion” under Title VII of the Civil Rights Act of 1964 (Title VII) has yet to be determined by the Fourth Circuit, a series of cases in district courts within the Circuit...more

U.S. Equal Employment Opportunity Commission...

EEOC and Pei Wei Fresh Kitchen Settle Sexual Harassment Lawsuit for $300,000

Restaurant Tolerated a Sexually Hostile Work Environment, Federal Agency Charged - LITTLE ROCK, Ark. - Pei Wei Asian Diner, LLC, doing business as Pei Wei Fresh Kitchen in Little Rock, will pay $300,000 to former...more

U.S. Equal Employment Opportunity Commission...

Tucoemas Federal Credit Union Settles EEOC Discrimination Lawsuit for $450,000

Senior Female Employees Were Passed Over for Credit Union's Top Job in Favor of a Younger, Male Applicant, Federal Agency Charged - FRESNO, Calif. - The U.S. Equal Employment Opportunity Commission (EEOC) announced today...more

U.S. Equal Employment Opportunity Commission...

Caribbean Farmers Market to Pay $25,000 to Settle EEOC Sexual Harassment and Constructive Discharge Lawsuit

Company Failed to Stop a Male Manager's Harassment of Female Employee, Federal Agency Charges - ATLANTA - Caribbean Farmers Market, a Decatur, Ga, supermarket, will pay $25,000 and provide other significant relief to...more

U.S. Equal Employment Opportunity Commission...

North Liberty Police Department to Pay $12,000 to Resolve EEOC Discrimination Finding

Officer Was Subjected to Sexual Harassment, Retaliation and Finally Constructive Discharge, Federal Agency Charged - INDIANAPOLIS - The North Liberty, Ind., Police Department will pay $12,000 and make significant...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Lancaster’s BBG& Wings for Racial Harassment And Constructive Discharge

Black Employee Had to Quit Due to Racial Slurs and Harassment, Federal Agency Charges - STATESVILLE, N.C. - Joe's Old Fashioned Bar-B-Que, Inc., doing business as Lancaster's BBQ & Wings, a North Carolina corporation,...more

U.S. Equal Employment Opportunity Commission...

Arizona Discount Movers Sued by EEOC For Racial Harassment, Constructive Discharge

Black Employee Subjected to Racist Language and Images, Federal Agency Charges - PHOENIX - Arizona Discount Movers of Phoenix violated federal law by subjecting an African-American employee to racial harassment and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Tapioca Express for Sexual Harrasment and Constructive Discharge

Popular Milk Tea Franchises Accused of Sexual Harassment and Constructive Discharge, Federal Agency Charges - SAN DIEGO - Tapioca Express, a South El Monte, Calif.-based milk tea franchise, and two of its franchisees...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Emphasizes Narrowed Liability for Employee Transfer Under the Louisiana Whistleblower Statute

The Fifth Circuit Court of Appeals affirmed the U.S. District Court for the Western District of Louisiana’s grant of summary judgment under the Louisiana whistleblower law, Louisiana Revised Statutes section 23:967, in favor...more

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