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Employer Liability Issues En Banc Review

Butler Snow LLP

Fifth Circuit Scrutinizes Corporate Diversity Initiatives

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After the U.S. Supreme Court held that Harvard University engaged in unlawful racial discrimination against Asian Americans in its efforts to achieve student body diversity, businesses have rightly sought legal guidance on...more

Rumberger | Kirk

Fifth Circuit Opens the Door for Growing Discrimination Claims

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A federal appeals court has made it easier for plaintiffs to bring employment discrimination lawsuits, but failed to offer clear guidance on how employers can adjust policies to minimize litigation risk. The en banc...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Overturns Decades-Old Precedent on Workplace Discrimination Claims

For decades, courts in the Fifth Circuit have followed a particularly strict rule limiting when employees can sue under Title VII for workplace discrimination. That changed last Friday....more

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

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more

Steptoe & Johnson PLLC

Employers Within the Fifth Circuit Are Now Open to More Claims Under Title VII with the Abandonment of the Previous Title VII...

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The Fifth Circuit no longer limits Title VII claims to “ultimate employment decisions” per the en banc decision in Hamilton v. Dallas County. In Hamilton, a group of female officers alleged that the Dallas County...more

Fenwick & West LLP

Ninth Circuit Panel Rules That AB 51 Is Preempted by Federal Law and Unenforceable

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On the heels of more than three years of legal challenges (summarized here) to California’s AB 51, which prohibits employers from requiring employees to arbitrate disputes under the state’s Labor Code and Fair Employment and...more

Holland & Knight LLP

En Banc Fifth Circuit Holds Highly Paid Rig Worker Not Covered by FLSA Overtime Exemption

Holland & Knight LLP on

In a decision that will impact pay practices in the oil and gas and many other industries in Texas, Louisiana, Mississippi, and beyond, the en banc U.S. Court of Appeals for the Fifth Circuit affirmed on Sept. 9, 2021, that...more

Parker Poe Adams & Bernstein LLP

Salaries Set Based on Past Pay History Can Violate Equal Pay Laws

As previously reported in EmployNews, a number of states and municipalities have tried to address gender-based pay gaps by adopting legislation that prohibits employers from asking about pay history or setting starting...more

Hogan Lovells

Equal Pay: In Ninth Circuit, Prior Salary Is No Defense

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The Ninth Circuit recently ruled that salary history is no defense to a claim of sex discrimination under the federal Equal Pay Act, effectively expanding from the West Coast to the entire circuit a ban on a previously common...more

Payne & Fears

Ninth Circuit Confirms (Again): Employers Cannot Rely on Prior Pay to Justify Gender Pay Disparities

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In April 2018, the Ninth Circuit held that employers cannot consider pre-employment salary history, even in combination with other factors, to justify gender pay disparities. See Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018)...more

Rumberger | Kirk

No Longer A Mess: En Banc Eleventh Circuit Clarifies the Standard for Similarly Situated Comparators

Rumberger | Kirk on

Last month, the en banc Eleventh Circuit clarified the appropriate standard for analyzing “similarly situated” comparator evidence in Title VII intentional-discrimination cases. Lewis v. City of Union City, Ga., --- F.3d...more

Cozen O'Connor

Pennsylvania Court Joins Trend in Holding No-Hire Agreements are Unenforceable as a Matter of Law

Cozen O'Connor on

On January 11, 2019, in Pittsburgh Logistics Systems, Inc. v. BeeMac Trucking, LLC and BeeMac Logistics, LLC, a panel of nine judges sitting en banc affirmed a ruling holding that a no-hire agreement between two companies was...more

Seyfarth Shaw LLP

Ninth Circuit Issues En Banc Decision Upholding DOL’s 20% Tip Credit Rule; Ball Is Now In DOL’s Court

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Seyfarth Synopsis: In an en banc decision, the Ninth Circuit reverses its prior panel opinion rejecting the DOL’s interpretation of FLSA regulations on use of the tip credit to pay regularly tipped employees, finding that the...more

Bradley Arant Boult Cummings LLP

The Past Really Is Dead: Ninth Circuit Shuts Door on Use of Past Salary as “Factor Other Than Sex” Under the Equal Pay Act

In setting a new employee’s pay, what do you consider? Past experience? Check. Education? Check. Salary at the last job? Not so fast. In a recent Ninth Circuit decision, the court framed the question as follows: Can an...more

Orrick, Herrington & Sutcliffe LLP

En Banc Ninth Circuit Throws In Its Two Cents Regarding Use of Prior Salary Information To Justify Pay Differentials

Last year, we covered a Ninth Circuit panel decision which concluded that an employer may rely on prior salary information as an affirmative defense to claims under the federal Equal Pay Act (“EPA”) if “it show[s] that the...more

Stinson LLP

Ninth Circuit Holds Prior Salary Information Does not Justify Pay Disparities Under Equal Pay Act

Stinson LLP on

States and localities increasingly banning salary history inquiries - The latest development in the law surrounding use of employee and applicant salary history data provides further reason for employers to reconsider the...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Rules That Employers Cannot Rely on Applicant’s Prior Salary to Justify Wage Disparities under the Equal Pay Act

• The 9th Circuit has ruled that employers may not rely on prior salary, alone or in combination with other factors, to justify wage disparities under the Equal Pay Act. • The 9th Circuit ruling does not address whether...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Holds Prior Salary Cannot Justify Wage Differences

Enacted in 1963, the Equal Pay Act prohibits differential payments between male and female employees doing equal work except when made pursuant to a seniority system, a merit system, a system which measures earnings by...more

FordHarrison

Ninth Circuit Creates More Uncertainty in 80/20 Rule for Tipped Workers

FordHarrison on

On February 16, 2018, the United States Court of Appeals for the Ninth Circuit granted en banc review of Marsh v. J. Alexander’s LLC, 869 F.3d 1108, creating a new layer of uncertainty for hospitality employers....more

BakerHostetler

UPDATE: The Second Circuit Finds Title VII Protects Against Sexual Orientation Discrimination

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As we discussed in our May 22, 2017 blog post, the Second Circuit agreed to hold an en banc hearing to determine whether an estate for a gay man, who alleged he was terminated as a result of a customer complaint related to...more

Fisher Phillips

Title VII Evolution Continues: Another Appeals Court Finds Sexual Orientation Discrimination Actionable

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Another federal court of appeals decided today that Title VII covers claims of sexual orientation discrimination, continuing the evolution of workplace discrimination law that has begun to sweep over the country in recent...more

Baker Donelson

Seventh Circuit Becomes First Circuit Court to Extend Title VII Protection to Sexual Orientation Claims

Baker Donelson on

On April 5, 2017, the Seventh Circuit Court of Appeals (sitting en banc) became the first appeals court in the country to hold that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual...more

K&L Gates LLP

Seventh Circuit Finds Sexual Orientation Protected by Title VII of the Civil Rights Act

K&L Gates LLP on

On April 4, 2017, the Seventh Circuit Court of Appeals became the first federal appeals court in the United States to find that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual...more

Williams Mullen

The Seventh Circuit’s Big Decision: Sexual Orientation Discrimination Is Prohibited By Title VII

Williams Mullen on

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit (covering Illinois, Indiana, and Wisconsin), sitting en banc, handed down what is being called a monumental decision in the development of legal...more

Poyner Spruill LLP

Sexual Orientation Moves One Step Closer to Being a Protected Characteristic

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Federal law protects applicants and employees from negative treatment in connection with their employment, where that negative treatment is based on a protected characteristic. Traditionally, courts have interpreted the...more

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