News & Analysis as of

Disability Discrimination Retaliation Harassment

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

California Court of Appeal Rules Arbitration Agreement Is Unenforceable

A California appellate court recently denied enforcement of an arbitration agreement because (1) it contained provisions the court found problematic, and (2) the employer presented the agreement to the employee for electronic...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Tractor Supply Company for Disability Discrimination

Employer Disclosed Employee’s Confidential Medical Information, Harassed Her, Retaliated Against Her and Fired Her for Complaining, Federal Agency Charges - BIRMINGHAM, Ala. – Hattiesburg, Mississippi-based Tractor Supply...more

U.S. Equal Employment Opportunity Commission...

EEOC Examines Connections Between COVID-19 and Civil Rights

Expert Witnesses Show How Pandemic Harms Already Vulnerable Populations - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) explored the impact of the COVID-19 pandemic on civil rights in the workplace...more

Seyfarth Shaw LLP

A Look Behind The EEOC Curtain: Enforcement Statistics Show Fewer Charges Filed In 2019, But Monetary Recoveries Ticked Up In Some...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2019. Notably, the statistics indicate that 2019 saw the lowest number of charges filed in over 20 years, though there...more

Proskauer - California Employment Law

Disability Discrimination, Harassment and Retaliation Claims Were Properly Dismissed

Doe v. Department of Corr. & Rehab., 2019 WL 6907515 (Cal. Ct. App. 2019) - John Doe, who worked as a psychologist at Ironwood State Prison, alleged discrimination, harassment and retaliation based upon a disability; Doe...more

Payne & Fears

Key California Employment Law Cases: December 2019

Payne & Fears on

This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more

U.S. Equal Employment Opportunity Commission...

Herbruck Poultry Ranch, Inc. Pays $93,000 to Settle EEOC Harassment and Retaliation Suit

Egg Producer Harassed, Retaliated Against, and Constructively Discharged a Disabled Employee, Federal Agency Charged - DETROIT - A Saranac, Michigan egg producer will pay $93,000 and provide other relief to settle a...more

U.S. Equal Employment Opportunity Commission...

Big Lots Stores to Pay $100,000 to Settle EEOC Disability Discrimination Suit

Retailer Permitted Disability Harassment at West Virginia Store, Then Retaliated Against Employee For Reporting Harassment of a Co-Worker, Federal Agency Charged - Elkins, WV - National retailer Big Lots Stores, Inc.,...more

Constangy, Brooks, Smith & Prophete, LLP

An Employer Between A Rock And A Hard Place

And you thought you had problems! A medical clinic in the St. Louis area had two employees (among others, I presume). "Rose" was African-American. "Daisy" (race unknown) had a disability. ...more

U.S. Equal Employment Opportunity Commission...

Christus St. Vincent Sued by EEOC for Disability Discrimination

Hospital Supervisors Refused Accommodation for Deaf Employee, Federal Agency Charges - SANTA FE, N.M. - Christus Health, doing business as Christus St. Vincent Regional Medical Center in Santa Fe, N.M., violated federal...more

U.S. Equal Employment Opportunity Commission...

Herbruck Poultry Ranch Sued by EEOC for Disability Harassment

Employer Harassed Line Worker and Then Retaliated Against Her for Complaining, Federal Agency Charges - DETROIT- A Saranac, Mich., egg producer violated federal law by subjecting a worker to a hostile work environment...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Sheppard Mullin Richter & Hampton LLP

Obese Employees May Be Protected Under FEHA

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...more

Seyfarth Shaw LLP

Failure to Investigate and Fat-Shaming Permit Employment Claims to Proceed

Seyfarth Shaw LLP on

Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more

Bradley Arant Boult Cummings LLP

What Was The EEOC Up To This Year? Takeaways From 2017

The U.S. Equal Employment Opportunity Commission’s fiscal year ended on Sept. 30, 2017 and it has released its yearly "Performance and Accountability Report." Although this is a look back, it provides insight on what is...more

Payne & Fears

Key California Employment Law Cases: October 2017

Payne & Fears on

This month’s key California employment law cases involve disability discrimination claims and procedural issues related to workers’ compensation proceedings....more

Mintz - Employment Viewpoints

Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under the ADA

In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently...more

Seyfarth Shaw LLP

Fifth Circuit Says Regular Attendance at Work is an Essential Function of Most Jobs

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more

Littler

Sixth Circuit Extends "Cat’s Paw" Liability Theory to FMLA Retaliation Claims

Littler on

Properly identifying the decisionmaker in an employment discrimination case is important because it is the intent of the decisionmaker that determines whether an adverse employment action was motivated by a discriminatory or...more

FordHarrison

Finally! Something That's Not "Protected Activity" in California

FordHarrison on

It turns out that “protected activity” sufficient to make out a retaliation claim in California is not as broad as it may sometimes seem. On November 9, 2016, the Court of Appeal affirmed summary judgment for the employer in...more

Zelle  LLP

Employment Law Navigator – Week in Review: August 2016

Zelle LLP on

Contrary to the EEOC’s position that sexual orientation discrimination is protected by Title VII’s prohibition on gender discrimination, the Seventh Circuit Court of Appeals held last week that existing law does not support...more

Morgan Lewis

Amended California FEHA Regulations (Effective April 1, 2016)

Morgan Lewis on

All employers with employees in California should carefully review harassment, discrimination, and retaliation policies and practices to ensure compliance with amended FEHA regulations. New Requirements for a Written...more

Spilman Thomas & Battle, PLLC

Promoting Workplace Diversity in Times of Trouble

The population in the United States – and by extension, the workforce – is becoming increasingly diverse. According to projections from the U.S. Census Bureau, by 2044, racial and ethnic minorities will be the majority in the...more

Best Best & Krieger LLP

Annual Labor & Employment Update 2013

Best Best & Krieger LLP on

BB&K labor and employment law attorneys hosted a webinar focusing on new legislation and case law impacting California employers - private and public. Topics included: - New Legislation Public and Private Employers -...more

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