News & Analysis as of September 25, 2024

Hostile Environment

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Seventh Circuit Issues Decision Finding Broad Scope Of Ministerial Exception; Questions Remain

Jackson Lewis P.C. on 7/13/2021

On July 9, 2021, U.S. Court of Appeals for the Seventh Circuit, sitting en banc, issued a 7-3 decision in the closely watched case Sandor Demkovich v. St Andrew the Apostle Parish, Calumet City and the Archdiocese of Chicago....more

11th Circ. Reminds Employers Why Best Practices Matter

Foley & Lardner LLP on 11/5/2018

What happens when an employer’s allegedly good documentation of an employee’s poor performance is met with an employee’s allegations that she was subjected to multiple racially charged comments in a two-month period? A...more

How to Handle Waivers in Discrimination Cases

Cozen O'Connor on 10/10/2018

It is every L&E attorney’s dream: You are deposing a Title VII plaintiff and it’s starting to get late. One by one, the plaintiff’s allegations of discrimination start to lose their luster; the seams are beginning to show....more

Big 5 To Pay $165,000 To Settle EEOC Race Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 9/19/2018

Sporting Goods Retailer Subjected Management Trainee to Racial Slurs and Death Threats, Federal Agency Charged - SEATTLE - Sporting goods retailer Big 5 Corporation will pay $165,000 and provide other relief to settle a...more

EEOC Sues Metairie Dry Cleaner for Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 8/10/2018

Marion's Cleaners Fired Hispanic Employee for Opposing Verbal and Physical Abuse Based on Her Race and National Origin, Agency Says - NEW ORLEANS - New Orleans-based Mariam Enterprises, doing business as Marion's Cleaners...more

California Employment Law Notes - July 2018

Proskauer - California Employment Law on 7/12/2018

Supreme Court Bars Mandatory Union Dues For Public Employees - Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) - In a highly anticipated decision, the United States Supreme Court held that it is a violation of...more

Aqua Resources to Pay $150,000 to Settle EEOC Racial Harassment and Retaliation Suit

U.S. Equal Employment Opportunity Commission... on 2/2/2018

Water Company Fired Foreman Because He Complained about Racial Slurs, Federal Agency Charged - PHILADELPHIA - Aqua Resources Inc., a Delaware-based water and wastewater service company, will pay $150,000 and provide...more

EEOC Sues Maritime Autowash for Race And national Origin Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 8/29/2017

Car Wash Subjected Hispanic Workers to 'Separate and Unequal' Wages and Working Conditions, Federal Agency Charges - BALTIMORE - Maritime Autowash, Inc. violated federal law when it subjected a class of workers to a...more

With N Word, Once is Enough. Second Circuit Rules on Hostile Environment Case

Bradley Arant Boult Cummings LLP on 5/4/2017

Is a single incident enough for a hostile work environment claim? It is in the Second Circuit. In Daniel v. T&M Protection Resources, Inc., the court held that one racial epithet was sufficiently severe, by itself, to create...more

Don’t “Ask Amy”!*

Constangy, Brooks, Smith & Prophete, LLP on 4/19/2017

*For employment law advice. Amy Dickson of the syndicated advice column “Ask Amy” is someone I read daily and agree with maybe 50 percent of the time. On most of the matters on which we disagree, she is probably right and...more

EEOC Issues Enforcement Guidance on National Origin Discrimination

Littler on 11/30/2016

On November 21, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC...more

EEOC Sues T-N-T Of York County, Inc. And Tm Trucking of The Carolinas, LLC For Racial Harassment

U.S. Equal Employment Opportunity Commission... on 9/8/2016

Owner Constantly Harassed Black Employees, Forcing Many to Quit, Federal Agency Charges - ROCK HILL, S.C. - Two interconnected South Carolina trucking companies violated federal law when they subjected black employees to...more

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Littler on 9/1/2016

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

“Like” it or Not? Tips for Addressing Employee Social Media Use

Obermayer Rebmann Maxwell & Hippel LLP on 10/15/2015

At first, employee social media use sounds like a matter of common sense. Candidates for a job should be careful what they post on social media sites, and make sure they’re not sharing any unsavory details about their past...more

Borgata Babes: Casino Is Entitled to Enforce Weight Restrictions

Genova Burns LLC on 10/5/2015

On September 15, 2015, the Superior Court of New Jersey, Appellate Division found in Shiavo v. Marina District Development Company, LLC, that the New Jersey Law Against Discrimination (“NJLAD”) does not encompass allegations...more

Hostile Doesn’t Mean MEAN: Understanding Employment Law

Goulston & Storrs PC on 9/3/2014

Dealing with employees also means dealing with their misconceptions about employment law. This blog entry highlights some of these misconceptions and reminds employers of the significance of employment at will....more

Rampant Sexual Misconduct in Indiana Prison Shows Pitfalls for Employers

Foley & Lardner LLP on 7/23/2014

Believe it or not, this is not a scene from the new season of Orange is the New Black. It’s actually the opening lines from Orton-Bell v. Indiana, No. 13-1235 (7th Cir. July 21, 2014), an opinion authored by Judge Manion, and...more

Employment Law -- Dec 20, 2013

Manatt, Phelps & Phillips, LLP on 12/20/2013

Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit...more

At Least The Unicorn Won’t Sue You

Greenberg Glusker LLP on 9/17/2013

When not writing about the legal issues raised by my favorite TV shows, most of this blogger’s Law Law Land blogs have involved either employment law or social media issues. So you can imagine my sheer delight when the news...more

The Supreme Court Clarifies Who Is a Supervisor Under Title VII

Littler on 6/27/2013

In a 5-4 decision, the U.S. Supreme Court decided what the definition of a "supervisor" is for purposes of assessing liability for unlawful harassment under Title VII. The Court ruled that an employer will be vicariously...more

Mihalik v. Credit Agricole Cheuvreux: Second Circuit Clarifies Standard of Review of New York City Human Rights Law Claims

Proskauer Rose LLP on 5/22/2013

On April 26, 2013, the Second Circuit held that New York City Human Rights Law ("NYCHRL") claims must be analyzed separately from federal and state discrimination claims and that the severe or pervasive standard of liability...more

Are You My Supervisor?

Foley & Lardner LLP on 1/3/2013

Late last month, the Supreme Court considered whether and when a co-worker can be deemed a supervisor for purposes of evaluating if the employer is strictly liable for that person’s harassment of another employee....more

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