News & Analysis as of

Discrimination Reversal

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 -
Rosenberg Martin Greenberg LLP

What to Know About Wayfair and Its Impact on Maryland Sales Tax Audits

Earlier this year, the Supreme Court decided on the much-anticipated case of South Dakota v. Wayfair, 585 U.S. ___, 138 S.Ct. 2080 (2018). At issue was the validity of a statute applying sales tax to internet retailers that...more

Carlton Fields

Fifth Circuit Reversed Judgment Compelling Arbitration Because Unsigned Arbitration Agreement Was Invalid

Carlton Fields on

This matter involved a lawsuit brought in Texas federal court by a former employee (Huckaba) against Ref-Chem L.P., alleging sexual harassment, discrimination and retaliation in violation of Title VII. ...more

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

Harvey Weinstein and Sexual Harassment Law: “Me Too”

The reports of women who went on the record to accuse Hollywood businessman Harvey Weinstein of sexual harassment, sexual assault, and other abuses, evoked the following recent Twitter message by Alyssa Milano: “If you’ve...more

Parker Poe Adams & Bernstein LLP

Denial of Lateral Transfer Adverse Employment Action Under Title VII

Not every action that an employee views as negative can serve as the basis for a claim of discrimination under Title VII of the Civil Rights Act of 1964. In order to state a claim for relief, federal courts have held that the...more

Genova Burns LLC

New Jersey Appellate Division Rules that Nurse’s Termination Based On Her Physical Limitations Could Violate The NJLAD

Genova Burns LLC on

On August 28, 2015, the Superior Court of New Jersey, Appellate Division in Grande v. Saint Clare’s Health System, reversed the decision of the trial court granting summary judgment to the defendant finding that plaintiff’s...more

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

Fifth Circuit Reverses Summary Judgment in Favor of Franchisor Not Named in Charge of Discrimination

Names play an important role for an employee who, in filing a charge of discrimination, must satisfy Title VII’s naming requirement. This is because an employee who fails to properly name defendants in a charge of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2013

In This Issue: - Ohio Supreme Court Reverses Decision on Surviving Merger Entity’s Ability to Enforce Noncompetition Agreements - “Sweet” Decision for California Employers: Court Approves Time Rounding in Case...more

Orrick - Employment Law and Litigation

California Supreme Court Eliminates Damages in FEHA Discrimination Cases Where Employer Proves Mixed Motive Defense

Earlier this month, the California Supreme Court issued a ruling clarifying details of the “mixed-motive” defense applicable to discrimination claims under the California Fair Employment and Housing Act (“FEHA”). Harris v....more

Proskauer Rose LLP

Third Circuit "Clarifies" Continuing Violation Doctrine

Proskauer Rose LLP on

In Mandel v. M & Q Packaging Corp., No. 11-3913, 2013 WL 141890 (3d Cir. Jan. 14, 2013), the U.S. Court of Appeals for the Third Circuit "clarified" the application of the continuing violation doctrine as defined by the U.S....more

Proskauer - California Employment Law

California Supreme Court Rules On Mixed Motive Defense To Discrimination Claims, But Large Verdicts Persist…

Wynona Harris, a bus driver for the City of Santa Monica (the City), alleged that she was fired because of her pregnancy in violation of the prohibition against sex discrimination under the Fair Employment and Housing Act...more

U.S. Equal Employment Opportunity Commission...

Sixth Circuit Issues Second Victory to EEOC in Sex Discrimination Case Against Cintas Corp.

Court Denies Rehearing of Its Earlier Ruling Allowing Systemic Hiring Discrimination Case and Overturning Award of Attorney's Fees; Cintas CEO Likely to be Deposed - WASHINGTON - In a second victory for the U.S. Equal...more

U.S. Equal Employment Opportunity Commission...

Judge Reverses Prior Rulings Dismissing Case and Allows EEOC Disability Suit Against UPS to Proceed

Federal Court Affirms Agency May File Class Complaint Without Complete Information on All Possible Bias Victims CHICAGO - On its own motion, a federal district court reversed itself Friday and denied a defendant's...more

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