News & Analysis as of

Hiring & Firing › Title VII › Motion to Dismiss

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... more +
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 -
Lewitt Hackman

Franchisor 101: Salon Franchisor Weaved into Joint Employment Claims

Lewitt Hackman on

A Michigan federal district court denied a franchisor’s motion to dismiss claims under Title VII of the Civil Rights Act of 1964 and Michigan law, and claims alleging retaliatory termination and sexually hostile work...more

Fisher Phillips

Federal Appeals Court Expands Joint Employer Liability Theory For Agricultural Employers

Fisher Phillips on

A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more

Cozen O'Connor

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Seyfarth Shaw LLP

Keys To Successor Liability: EEOC Discrimination Suit In Alabama

Seyfarth Shaw LLP on

Seyfarth Synopsis: An Alabama district court granted a temporary staffing company’s motion to dismiss all claims in one of the EEOC’s most high-profile lawsuits asserting hiring discrimination and abuse of vulnerable workers....more

Seyfarth Shaw LLP

Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination

Seyfarth Shaw LLP on

Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity. In EEOC v. R.G....more

Stinson LLP

Court Affirms Incorporating Federal Labor Laws Into Tribal Code Does Not Waive a Tribe's Sovereign Immunity

Stinson LLP on

On February 21, 2017, a federal court in Wisconsin reaffirmed a tribe's sovereign immunity with respect to Title VII claims of wrongful termination. See Bruguier v. Du Flambeau, 16-cv-604-jdp, (W. Dist Wisc. February 21,...more

Jackson Lewis P.C.

Employee’s Retaliation and Hostile Work Environment Claims Based on a Rumor Spread in the Workplace Survives Motion for Summary...

Jackson Lewis P.C. on

In Baez v. Anne Fontaine USA, Inc., the United States District Court for the Southern District of New York denied an employer’s motion for summary judgment to dismiss a terminated employee’s retaliation claims under Title...more

U.S. Equal Employment Opportunity Commission...

EEOC Suit Challenging Doherty Enterprises' Attempt to Bar Discrimination Charges Will Go Forward

U.S. Equal Employment Opportunity Commission... on

Court Rejects Doherty's Argument That EEOC Cannot Proceed Without Discrimination Charge and Conciliation, Denies Motion to Dismiss - MIAMI - A federal judge has denied a motion to dismiss a claim for a pattern or...more

Faegre Drinker Biddle & Reath LLP

Hospital May Fire Employee Whose Religion Prevented Working in Abortion Unit

Faegre Drinker Biddle & Reath LLP on

In 2012 Nikita Montgomery was hired to work in the Planned Parenthood department of a county hospital. In accepting the employment, she told the hiring manager that she had left her employment at another family planning...more

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

Vegan Employee May Proceed with Religious Discrimination Claim

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

A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide