News & Analysis as of

Employer Liability Issues Hiring & Firing Retaliation

Jackson Walker

DEI Under Scrutiny: What Employers Must Know About New EEOC and DOJ Guidance

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Following multiple executive orders from President Donald Trump concerning Diversity, Equity, and Inclusion (DEI), employers have been eagerly awaiting agency guidance to clarify the scope and implications of what is...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy Clips Ep. 9 - The Penalty Playbook: 3 Pointers for Employee Discipline

It's tournament time, and just like basketball, employee discipline requires strategy and execution. Employers need to have a game plan and stick to it, or it could land them in hot legal water. In this episode of Constangy...more

Troutman Pepper Locke

Harassment in the Celebrity Workplace: Insights From It Ends With Us — Hiring to Firing Podcast

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It seems that even celebrities are not immune from workplace claims. In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their Troutman Pepper Locke employment law partner, Sara...more

Parker Poe Adams & Bernstein LLP

When Documentation Backfires: A Case Study From the Tenth Circuit

Part of our standard advice to nearly every client is "document, document, document." Typically, robust and timely documentation ensures that an employer has strong evidence of its legitimate rationale for making employment...more

Parker Poe Adams & Bernstein LLP

Supreme Court Denies Review of Fourth Circuit's 'Honest Belief' FMLA Defense

Earlier this year, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) issued a decision that provides employers with an important defense to some Family and Medical Leave Act...more

Constangy, Brooks, Smith & Prophete, LLP

"Tighty whitey" case has 4 good lessons about workplace retaliation

You can't make this stuff up. I hope everybody had a good Thanksgiving. A federal judge just down the road from me ruled this week that a woman’s retaliation case should go to a jury, even though her sexual harassment...more

Fisher Phillips

Florida Appellate Court Raises Bar for Whistleblower Claims: Key Takeaways and 6 Steps Employers Should Take Now

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A Florida state appellate court just issued a ruling raising the bar for workers pursuing whistleblower claims and making it easier for employers to defeat lawsuits before trial – but created a conflict with another appellate...more

Shook, Hardy & Bacon L.L.P.

Former Driver Wins “Nuclear Verdict” Against Global Package Delivery Company in Retaliation Lawsuit

On September 12, 2024, a Yakima, Washington jury awarded a $237.6 million nuclear verdict to Tahvio Gratton, a former package delivery driver who filed a lawsuit against his employer for violation of federal and state...more

Littler

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Fisher Phillips

Restaurant Settles EEOC Lawsuit Based on Denying Cook’s No-Sundays Request: 6 Steps for Handling Religious Accommodation Requests

Fisher Phillips on

A North Carolina restaurant franchisee has agreed to pay $40,000 and take other corrective measures to settle a religious discrimination and retaliation lawsuit filed by the EEOC after being accused of denying a cook’s...more

Littler

Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes,...

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Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases...more

Clark Hill PLC

Lactation Accommodation Results in Misconduct Firing, Tenth Circuit Affirms

Clark Hill PLC on

Here’s an interesting case that at first blush appears to be an accommodations case, but on a deeper dive is a workplace misconduct case. In Spagnolia v. Charter Communications LLC, The Tenth Circuit Appeals affirmed the...more

Perkins Coie

AZ Court Grants Summary Judgment for Employer on Hostile Work Environment and Retaliation Issues

Perkins Coie on

In Nessel v. JDM Golf LLC, 2024 WL 3494378, the U.S. District Court for the District of Arizona granted summary judgment for an employer, dismissing the federal law and Arizona state law claims of a former employee alleging...more

Miller Canfield

Michigan Supreme Court Expands Employer Exposure to Public Policy Retaliation Claims

Miller Canfield on

In Michigan, various state employment laws prohibit employers from retaliating against employees. But can an employee pursue a public policy retaliation claim against the employer in addition to a statutory retaliation claim?...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Ius Laboris

Employment protections extended to infertility treatment

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A recent legislative amendment in Belgium introduces protection against dismissal and a prohibition of discrimination when an employee is absent due to an infertility treatment or a programme of medically assisted...more

Fisher Phillips

Time’s Up: New Kentucky Law Reduces Time Employees Have to Bring Discrimination and Wage Lawsuits

Fisher Phillips on

The Kentucky Legislature recently delivered good news to employers when it passed a new law reducing the time employees have to bring certain claims under state law, including discrimination, retaliation, wrongful discharge,...more

Bodman

Michigan Supreme Court Expands Retaliation Liability Under Michigan’s Civil Rights Act

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The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important...more

U.S. Equal Employment Opportunity Commission...

Red Robin to Pay $600,000 in EEOC Sexual Harassment Lawsuit

Settles Federal Charges the Casual Dining Chain Allowed Female Employees, including a Teen, to be Sexually Harassed, Retaliated Against, and Forced to Resign - EVERETT, Wash. – Restaurant chain Red Robin International,...more

Seyfarth Shaw LLP

EEOC Scorecard: How Did The Commission Stack Up in FY 2023?

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The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2023 Annual Performance Report and a new dashboard highlighting resolved cases. Compared to the prior fiscal year, the EEOC contacted substantially...more

Epstein Becker & Green

Eleventh Circuit Ruling on Causation Standard a Win for Employers

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The U.S. Court of Appeals for the Eleventh Circuit recently weighed in on the circuit-splitting debate over the proper causation standard for Family and Medical Leave Act (“FMLA”) retaliation claims. In a win for employers,...more

U.S. Equal Employment Opportunity Commission...

Bako Pays $50,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Medical Laboratory Resolves Federal Lawsuit Charging That It Fired Employee Because of Her Pregnancy and Complaints of Pregnancy Discrimination - ATLANTA – Bakotic Pathology Associates, LLC (Bako), a pathology laboratory...more

Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

Lathrop GPM

Employers with Employees in the Fifth Circuit Should Take Note of  a Change in the “Ultimate Employment Decision Requirement” for...

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Employers with employees located in the states falling within the jurisdiction of Fifth Circuit federal courts (e.g. Louisiana, Mississippi and Texas) should take note of an important federal appellate ruling impacting Title...more

Fisher Phillips

Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

Fisher Phillips on

Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more

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