News & Analysis as of

Genuine Issue of Material Fact Employer Liability Issues

Tucker Arensberg, P.C.

Filling Vacancies With Internal Candidates Without Application Process Leads to Discrimination Claim

S.G. v. Norristown Area S.D., No. 20-1682, 2021WL 6063122 (E.D. Pa. Dec. 22, 2021) (Federal court allowed a discrimination claim of part-time teacher to proceed arising from a school district’s practice of hiring internal...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA "interference" doesn't require denial of leave

The court is right, I think. A panel of the U.S. Court of Appeals for the Seventh Circuit issued an opinion on Wednesday that provides helpful clarification for employers and their leave administrators. ...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Harassment and Acquiescence

The Ninth Circuit waited until the sixth day of 2021 to issue its first published opinion of the year, and it still has yet to release the sort of business-related civil decision that we here at Left Coast Appeals would...more

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

Federal Court in North Carolina Rules Regarding Reasonable Accommodations

On February 24, 2020, the U.S. District Court for the Middle District of North Carolina issued an opinion in Brown v. Martin Marietta Materials, Inc. regarding disability discrimination, reasonable accommodations, and...more

Genova Burns LLC

“What Goes Around, Comes Around” – A Potential Defense to Hostile Work Environment Claims Under the NJ LAD

Genova Burns LLC on

On November 7, 2019, the U.S. District Court for the District of New Jersey in Paige v. Atrion Communication Resources, Inc., et al., considered a hostile work environment/sexual harassment claim under the New Jersey Law...more

Proskauer - Law and the Workplace

Gardner v. CLC of Pascagoula, LLC –What Constitutes “Severe and Pervasive” Conduct With Respect to “Third-Party Harassment”?

Employers may be liable to their employees for harassment by non-employees under Title VII. Courts have found liability for this so-called “third-party harassment” in some of the following fact-specific contexts: waitresses...more

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