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Discrimination › Dismissals

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Littler

Littler Lightbulb: March Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Schwabe, Williamson & Wyatt PC

Latest Bruckner Lawsuit Challenges Minority Business Development Agency

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In 2022, Christian Bruckner and his company, Project Management Corporation, sued the federal government in the U.S. District Court for the Middle District of Florida (Tampa Division). The plaintiffs claimed that the...more

Schwabe, Williamson & Wyatt PC

Bruckner Lawsuit Dismissed and Denied Motion for a Preliminary Injunction ‎

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As we have detailed before, Christian Bruckner and his company, Project Management Corporation, sued the federal government in Florida claiming that the Infrastructure Investment and Jobs Act’s earmarked 10%—of its...more

Genova Burns LLC

Whose Burden is it Anyway? NJ Appellate Division Holds Employee Fails to Meet the Burden of Persuasion of Showing Discriminatory...

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Despite surviving summary judgment, securing a favorable verdict at the second trial, and being awarded counsel fees, Plaintiff’s gender discrimination case was abruptly dismissed by the Appellate Division. On January 3,...more

Jackson Lewis P.C.

Employee’s Request To Revise Drug Policy To Address CBD Use Was Not A Reasonable Accommodation

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A federal court in Tennessee dismissed an employee’s lawsuit in which she claimed that her employer should have changed its drug policy to allow CBD use. Hamric v. City of Murfreesboro, Case No. 3:18-cv-01239 (September 10,...more

Foley & Lardner LLP

Artis v. D.C.: SCOTUS Explains How § 1367(d) Stops the Clock

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The federal supplemental jurisdiction statute, 28 U.S.C. § 1367, allows a litigant with a federal claim to bring into federal court with it any state claims that are so related to the federal claim that they “form part of the...more

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

The Not-So-Elusive 12(b)(6) Dismissal: Fifth Circuit Shoots Down Retaliation Claim Based on Single Text Message

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The Fifth Circuit Court of Appeals recently affirmed the dismissal of a Title VII retaliation claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim where the plaintiff premised her...more

Seyfarth Shaw LLP

Eleventh Circuit Rules That Stipulated Dismissal Of Named Plaintiffs And Defendant Triggers Putative Class Members’ Deadline To...

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Seyfarth Synopsis: In Love v. Wal-Mart Stores, Inc., No. 15-15260 (11th Cir. Aug. 3, 2017), the U.S. Court of Appeals for the Eleventh Circuit ruled that the deadline for putative class members to appeal the dismissal of...more

Benesch

Airline Passenger Mistreatment Claim Dismissed

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Recently, airlines have been subject to intense public scrutiny over several high-profile incidents over alleged mistreatment of passengers. These reports are not limited to one particular incident where a customer was...more

Bradley Arant Boult Cummings LLP

School of Hard (Dread) Locks: EEOC Loses Appeal Over Hairstyle Ban

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Last week the Eleventh Circuit Court of Appeals affirmed a lower court’s dismissal of a case the EEOC filed over a job applicant’s short dreadlocks. In 2010, Chastity Jones, an African American, applied for a position with...more

Ballard Spahr LLP

District Court Dismisses Disparate Impact Claims in Texas

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After several years of litigation, the U.S. District Court for the Northern District of Texas recently dismissed disparate impact claims filed against the Texas Department of Housing and Community Affairs (TDHCA) in the fair...more

Ballard Spahr LLP

District Court Dismisses Disparate Impact Claim of Inclusive Communities

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A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more

Ballard Spahr LLP

Northern Texas District Court Dismisses Fair Housing Disparate Impact Claim

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A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more

Littler

Costa Rica's Labor Law Reform: Key Aspects Every Business with Operations in Costa Rica Should Know

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On January 25, 2016, the Labor Procedure Reform ("Reforma Procesal Laboral" or "RPL") was signed into law and published in the Costa Rica official gazette known as "La Gaceta."  RPL becomes effective on July 25, 2017, and...more

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

Trial Court’s Dismissal of Sexual-Orientation Discrimination Claim Was Proper Says Divided Missouri Court of Appeals

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In Pittman v. Cook Paper Recycling Corp., WD 77973 (Mo. App. W.D. Oct. 27, 2015) a divided panel of the Missouri Court of Appeals for the Western District affirmed the dismissal of an employee’s claim of discrimination based...more

Parker Poe Adams & Bernstein LLP

Cumulative Harassment Theory Must Include Individual Claims That Meet Severe and Pervasive Threshold

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Sometimes, employees believe that they have been discriminated against or harassed based on their membership in multiple protected categories. Employers often receive EEOC charges that identify race and sex, or age and...more

Foley & Lardner LLP

Court Dismisses EEOC's Controversial Lawsuit Challenging Standard Provisions in Separation Agreements

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Earlier this year, the EEOC brought a lawsuit in federal court in Illinois claiming that the severance agreement used by a nationwide retail pharmacy in connection with the terminations of hundreds of employees unlawfully...more

Littler

Federal Court Dismisses EEOC Title VII Disparate Impact Suit Over Alleged Discriminatory Background Checks Without Trial

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On August 9, 2013, a federal district court judge in Maryland dismissed, without a trial, the Equal Employment Opportunity Commission’s (EEOC) Title VII suit against Freeman over alleged discriminatory background checks based...more

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