News & Analysis as of

Damages Discrimination

Butler Snow LLP

Step-dad’s “slobbery” kiss leads to big trouble for Tennessee employer

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Under Title VII, an employer can be held liable for retaliation by a non-supervisory co-worker if (1) the conduct is sufficiently severe to dissuade a complaint of discrimination; (2) management was aware of the behavior; and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America

US Courts Will Decide Whether to Enforce US$2 Billion Award Against Petróleos de Venezuela - In April 2018, an International Chamber of Commerce (ICC) tribunal awarded US$2.04 billion in damages to two subsidiaries of U.S....more

Schwabe, Williamson & Wyatt PC

New Harassment and Discrimination Policy Requirement for Public Contractors

The Oregon Legislature passed HB 3060, requiring most public contractors to maintain specific policies and practices relating to sexual harassment, sexual assault, and discrimination against employees who are members of a...more

U.S. Equal Employment Opportunity Commission...

University Of Denver Sued By EEOC for Sex-Based Pay Discrimination

University Paid Female Full Law Professors Significantly Less Than Male Counterparts, Federal Agency Charges - DENVER, Colo. - The University of Denver violated federal law by paying female employees lower wages than...more

Zelle  LLP

That is SO last week - August 2015 #5

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That infamous Ashley Madison data became searchable last week. Spouses, friends, and employers can now search the data to see if they know anyone who registered with the site. This development caused some to wonder if an...more

Dechert LLP

LLP Agreements and Repudiatory Breach

Dechert LLP on

This OnPoint reports on a recent important High Court decision ?limiting the remedies available for breach of a UK LLP agreement. Generally, in contract law, if a party to a contract commits a breach which is...more

U.S. Equal Employment Opportunity Commission...

Suncup/Gregory Packaging to Pay $125,000 to Settle EEOC Disability Discrimination Lawsuit

Federal Agency Charged Company Fired Employee Because He Was HIV-Positive - NEWNAN, Ga. - Gregory Packaging, Inc., a nationwide manufacturer and distributor of juice products to school districts and medical institutions,...more

Baker Donelson

Autozone's Predicament: A $185 Million Punitive Damage Award

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The record $185 million punitive damage award by a California jury in November 2014 against AutoZone has been widely reported. This huge verdict raises immediate questions: How did this happen? What circumstances led the jury...more

K&L Gates LLP

Discrimination – Vicarious Liability Gets More Expensive

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The full bench of the Federal Court in Richardson v Oracle Corporation Australia (Richardson) has cited changing community standards as a basis for significantly increasing awards for general damages (ie damages for...more

Bradley Arant Boult Cummings LLP

’Tis the Season of Giving, Right?

We all think of December as the season of giving. Unfortunately, prevailing defendants in Title VII cases don’t always feel that way. Under Title VII of the Civil Rights Act of 1964, prevailing plaintiffs enjoy compensatory...more

Manatt, Phelps & Phillips, LLP

Employment Law -- Dec 20, 2013

Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit...more

Davis Wright Tremaine LLP

California Employment Law Update: What’s New for 2014

The California Legislature was unusually active this year. Significantly, California increased the state minimum wage, created new “unfair immigration-related practices,” and expanded protections for whistleblowers. All laws...more

Proskauer - Employee Benefits & Executive...

The ERISA Litigation Newsletter; November 2013

In This Issue: - Labor and Employment and ERISA Class Actions After Wal-Mart and Comcast — Practice Points for Defendants (Part I – Commonality)* - Agencies Release Guidance on HRAs, FSAs, and Employer Payment...more

Jaburg Wilk

What is at will employment law?

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Phoenix Business law firm Jaburg Wilk's employment law attorney Kraig Marton discusses at will employment, various types of employment cases, types of discrimination and how employment cases are assessed....more

Pullman & Comley, LLC

Appellate Court Limits Relief for Whistleblowers But Opens the Door in Discrimination Cases

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Not every case can be a U.S. Supreme Court case filled with sweeping pronouncements on employment law. ...more

Dickinson Wright

Tennessee Insurance Legal News - June 2013 • Volume 2, Number 2

Dickinson Wright on

In This Issue: - TENNESSEE ATTORNEY GENERAL HOLDS THAT TENNESSEE STATUTE PROHIBITING PREFERENCES OR DISTINCTIONS IN CERTAIN INSURANCE TRANSACTIONS IS NOT UNCONSTITUTIONAL: In its April 24, 2013 opinion, the...more

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

Colorado Legislative Wrap-Up

The 2013 Colorado legislative session resulted in three new laws that are significant for employers....more

Epstein Becker & Green

Act Now Advisory: New York City Human Rights Law Amended to Prohibit Discrimination Based on Unemployment Status

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As we previously advised in the April 2013 issue of Epstein Becker Green’s Take 5 Newsletter, on June 11, 2013, over Mayor Michael Bloomberg’s veto, an amendment to the New York City Human Rights Law (“NYCHRL”) becomes...more

Winstead PC

Fifth Circuit: Mental anguish damages award not supported by medical evidence is vacated

Winstead PC on

The Fifth Circuit recently vacated a jury award for mental anguish damages based on the absence of any medical evidence. A Northern District of Texas jury found for the plaintiff, who asserted age discrimination claims under...more

Miller & Martin PLLC

Class Action Alert: Recent Developments Favorable for Employers

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Individualized Proof of Damages Can Block Class Certification Under Rule 23(b)(3) - The United States Supreme Court in Comcast v. Behrend continued its trend of disfavoring class certification of cases involving...more

Littler

California Supreme Court Rules "Mixed Motive" Is a Mixed Bag for Employers

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The California Supreme Court recently clarified the defenses available to employers defending against claims of discrimination. In Harris v. City of Santa Monica, No. BC341469 (Cal. Feb. 7, 2013), the court ruled that, if a...more

U.S. Equal Employment Opportunity Commission...

Judgment Against AutoZone Affirmed in EEOC Disability Discrimination Case

Appeals Court Upholds Injunction and $415,000 Award to Disabled Former Employee - CHICAGO - The U.S. Court of Appeals for the Seventh Circuit has affirmed a $424,000 judgment (including $9,000 in costs) against AutoZone,...more

Nossaman LLP

California Supreme Court Clarifies Standard For “Mixed Motive” Defense To Employment Discrimination Claims

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In a partial victory for employers, the California Supreme Court ruled in Harris v. City of Santa Monica that even when an employee proves that a discriminatory motive was a “substantial factor” in an adverse employment...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Holds That Proof That Employer Would Have Made Same Employment Decision Absent Discrimination Precludes...

On February 7, 2013, the California Supreme Court held that where a plaintiff proves that unlawful discrimination in violation of the Fair Employment and Housing Act ("FEHA") was a substantial factor motivating her...more

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

California Supreme Court Rejects Damages, Back Pay, And Reinstatement Where Employer Proves Legitimate Mixed-Motive

On February 7, 2013, the California Supreme Court issued a long-awaited decision on whether the “mixed-motive” defense applies to employment discrimination claims under the California Fair Employment and Housing Act (FEHA)....more

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