News & Analysis as of

Corporate Counsel Employee Transfers

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

Supreme Court Rules Employees Need Not Show Transfer Caused ‘Significant’ Harm For Title VII Claims

On April 17, 2024, the Supreme Court of the United States held that an employee challenging a job transfer in an unlawful employment discrimination claim under Title VII of the Civil Rights Act of 1964 must show that the...more

Fisher Phillips

SCOTUS Predictions: Justices Will Say Lateral Job Transfers Can Be Unlawful - But Ruling Will Be Limited

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The Supreme Court may soon clarify whether an employer’s decision to transfer an employee to a lateral job – with no change in pay or benefits – violates federal civil rights law if it’s done for discriminatory reasons....more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fisher Phillips

4 Supreme Court Cases Employers Should Be Tracking as New Term Kicks Off

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The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more

FordHarrison

D.C. Circuit Holds Title VII Does NOT Require a Showing of Tangible Harm

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Executive Summary: On June 3, 2022, an en banc panel (meaning all of the judges on the court participated) of the U.S. Court of Appeals for the D.C. Circuit issued a landmark decision holding that Title VII does not require...more

Quarles & Brady LLP

[Webinar] State of Play in U.S. Immigration Law: Adjudicatory and Enforcement Trends - October 27th, 2:30 pm - 3:45 pm CT

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Please join us for a panel discussion with industry-leading immigration lawyers, in-house experts and former government officials on the top issues that employers should focus on to attract and retain international executives...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Employer Not Required to Create Shared Job as ADA Accommodation

Under the Americans with Disabilities Act, employers are required to consider reassignment to an existing vacant position as a last ditch form of reasonable accommodation for an employee unable to return to their previous...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Transferring an Employee Is ADA Accommodation of Last Resort

If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...more

Seyfarth Shaw LLP

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

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Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more

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

Massachusetts Supreme Judicial Court Holds Denial of Lateral Transfer May Constitute Adverse Employment Action

On January 29, 2019, the Massachusetts Supreme Judicial Court issued a decision that addressed for the first time whether an employer’s failure to grant an employee’s lateral transfer request could support an employment...more

Mintz - Employment Viewpoints

Does Denial of a Lateral Transfer Violate Title VII? In Some Cases, Yes, Says D.C. Circuit.

The federal courts in D.C. have long held that denial of a lateral transfer does not violate Title VII for the reason that, unlike where a promotion is denied, there is no adverse employment action when an employee is denied...more

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

How Enforceable Are Mobility Clauses in French Employment Contracts? More Than You Might Imagine!

It seems that the Cour de Cassation (France’s equivalent to the Supreme Court of the United States) occasionally throws employers a bone when determining their rights to make management decisions regarding their workforces....more

Proskauer - Whistleblower Defense

S.D.N.Y. Dismisses SOX and Dodd-Frank Whistleblower Claims For Lack Of Protected Activity

On June 22, 2016, Judge Daniels of the Southern District of New York dismissed SOX and Dodd-Frank whistleblower claims, ruling that Plaintiff’s alleged internal complaints did not constitute protected activity, as they did...more

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

USCIS Final Guidance on L-1B Adjudications Offers Some Comfort—But No Cure—for Employer Concerns

On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum aiming to clarify the standard required for L-1B specialized knowledge visas. The memorandum notably begins by reminding...more

Seyfarth Shaw LLP

Court Rejects The EEOC’s Novel Attempt To Impose Disparate Treatment Liability Without Any Injury

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In EEOC v. Autozone, Inc., Case No. 14-CV-5579 (N.D. Ill. Aug. 4, 2015), Judge Amy St. Eve of the U.S. District Court for the Northern District of Illinois granted summary judgment in favor of the defendant and against the...more

BakerHostetler

Employees can have their transfer and sue you too!

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A recent court decision allows employees who request a lateral transfer to later change their minds and sue for discrimination based on the very transfer they sought. So an employer’s claim that it merely gave the employee...more

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