News & Analysis as of

Employer Liability Issues Equal Employment Opportunity Commission

4 Key Trends In Workplace Class Action Litigation For 2017: #3 Governmental Enforcement Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Despite the major ideological shift that occurred within American politics in 2017, government-initiated litigation continued to flourish if not increase even after with the election of the pro-business...more

What A Government Shutdown Would Mean For Employers

by Fisher Phillips on

If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide...more

Settling Discrimination Complaints in Wisconsin

by Ruder Ware on

A recent decision from the Wisconsin Labor and Industry Review Commission has placed a cloud over the settlement of discrimination complaints in Wisconsin. The cloud may not be very dark, but it is a matter that needs to be...more

Back to the Drawing Board: Employer Wellness Program Uncertainty in Light of AARP v. EEOC

by K&L Gates LLP on

Despite a rapidly growing and changing compliance landscape, employers have continued to offer wellness programs in an effort to control rising health-care costs and improve employees’ overall health and productivity. In...more

Third Circuit Rules that Employer-Friendly “But For” Causation Standard Applies to False Claims Act Retaliation Claims

In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower...more

Mission Hospital Agrees to Pay $89,000 To Settle EEOC Religious Discrimination Lawsuit

Asheville Hospital Fired Employees for Declining Flu Vaccination, Federal Agency Charged - ASHEVILLE, N.C. - Mission Hospital, Inc., a North Carolina corporation based in Asheville and the main hospital of Mission Health...more

Federal Court Strikes Down Certain EEOC Wellness Program Regulations, Effective January 1, 2019

by SmithAmundsen LLC on

In a recent decision with a nation-wide effect, the U.S. District Court for the District of Columbia struck down certain provisions of the EEOC’s Wellness Program regulations. As we have previously discussed, workplace...more

Harassment Stops With You

As we are sure you are all aware, the issue of harassment in the workplace has dominated the headlines for the past two months. It seems like every day a new story is published with respect to allegations of workplace...more

Pioneer Health Services to Pay $85,000 To Settle EEOC Disability Discrimination Suit

Mississippi Health Care Company Illegally Fired Employee After She Underwent Liver Transplant Surgery, Federal Agency Charged - JACKSON, Miss. -- Pioneer Health Services, Inc., a Mississippi corporation that provides...more

Aloha Auto Group to Pay $30,000 To Settle EEOC Retaliation Suit

Employee Fired for Advising Other Employees to File Hostile Work Environment Complaints, Federal Agency Says - HONOLULU, Hawaii - Aloha Auto Group, Ltd. will pay $30,000 and provide other relief to settle a lawsuit for...more

Preventing Harassment Claims in the Restaurant Industry

With so many stories in the news of very high-level, high-profile men being accused of sexual harassment, many employers are rightfully concerned about whether they may be at risk of similar claims. While these stories have...more

Federal Appeals Court Breathes New Life Into Pay Equity Claim, While Imposing Higher Standard On Employers

by Fisher Phillips on

The 4th Circuit Court of Appeals just forced a public employer back into court to defend itself against a pay equity claim after a lower court had dismissed the lawsuit and cleared the employer from wrongdoing. In...more

Indi’s Fast Food Restaurant to Pay $340,000 To Settle EEOC Sexual Harassment Lawsuit

Female Employees Subjected to Egregious Sexual Harassment, Federal Agency Charged - INDIANAPOLIS -- Louisville, Ky.-based restaurant chain Indi's Fast Food Restaurant, Inc. (Indi's) will pay $340,000 to 15 former female...more

GEO Group to Pay $550,000 To Settle EEOC Sexual Harassment and Retaliation Lawsuit

Class of Female Staffers Abused at Private Correctional Facilities, Federal and State Agencies Charged - PHOENIX - The GEO Group, Inc., operator of the Central Arizona Correctional Facility (CACF) and Arizona State...more

II-25 – Top 10 New Year’s Resolutions for Employers in 2018

by Cozen O'Connor on

From federal agency changes to anticipated developments in sexual harassment, paid leave, overtime, and marijuana use, this episode of Employment Law Now provides ten issues that employers should resolve to understand in the...more

Getting Unconscious Bias Into Your Company’s Consciousness

by Fisher Phillips on

If you’re blonde, good-looking, or a man who stands nearly 6 feet tall, lucky you! Financially, you may be doing better than the rest of us. Here’s why: we each make thousands of decisions every day, many of which are...more

Be Prepared: Changes To Workplace Wellness Programs Coming In 2019

by Jackson Lewis P.C. on

Though still a year away, employee health plans are in for significant change beginning January 1, 2019. This modification is the result of a longstanding argument about plan administration. ...more

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

by Fisher Phillips on

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

Supreme Court Rejects Disabled Employee’s Bid to Revive His $2.6 Million ADA Jury Verdict: Why You Should Still Regularly Update...

by Bryan Cave on

On October 16, 2017, the Supreme Court rejected an employee’s petition for review of a decision in Stevens v Rite Aid Corporation. Stevens sued under the Americans with Disabilities Act (“ADA”) for alleged discriminatory...more

Montrose Memorial Hospital to Pay $400,000 To Settle EEOC Age Discrimination Lawsuit

Longtime Workers Were Fired or Forced to Quit Due to Their Age, Federal Agency Charged - MONTROSE, Colo. -- Montrose Memorial Hospital will pay $400,000 and furnish other relief to settle an age discrimination lawsuit...more

No Religious Bias Against Hospital Employee Who Refused to Get Flu Shot

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Mandatory vaccines and flu shots present challenges to employers attempting to accommodate the sincerely held religious beliefs of employees. In this case, a hospital worker claimed that he was terminated...more

Spokane Follows Seattle’s Lead, Passes “Ban-the-Box” Ordinance

The City of Spokane, Washington, recently enacted Ordinance No. C-35564, making Spokane the second municipality (joining Seattle) in Washington state to “ban the box.” This new law limits when employers can inquire into and...more

Immediate Strategies for Responding to the #MeToo Movement and Harassment in the Workplace

As a result of troubling personal accounts of sexual harassment that have permeated coverage on national media outlets and our social media accounts during the past few months, employers may appropriately question whether...more

Take 5 Newsletter December 2017 - 2017 Wrap-Up & Heads-Up: The Top Workforce Management Issues of 2017

by Epstein Becker & Green on

Addressing Workplace Sexual Harassment in the Wake of #MeToo - Revelations of the Harvey Weinstein scandal, and those that have followed, have ignited sexual harassment complaints against employers across all industries....more

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

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