News & Analysis as of September 20, 2024

Punitive Damages

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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 -

$10 Million “Reverse” Race & Gender Discrimination Verdict Gives DE&I Programs a Halloween Fright

Littler on 11/1/2021

For the past several years, companies have been focused on creating and executing meaningful diversity, equity and inclusion (DE&I) programs to address the multi-faceted challenges—and opportunities—of diversifying their...more

EEOC Sues Lodging Lane Hospitality for Sexual Harassment and Retaliation

U.S. Equal Employment Opportunity Commission... on 9/30/2021

Hotel Manager Sexually Harassed Female Housekeeper for Months and Then Fired Her for Complaining About It, Federal Agency Charges - OXFORD, MS – Lodging Lane Hospitality, doing business as Home2 Suites and owned and...more

EEOC Sues Suisan Company, Ltd for Racial Harassment and Retaliation

U.S. Equal Employment Opportunity Commission... on 9/27/2021

Food Distributor Condoned Racial Harassment and Retaliated Against African American Employee for Complaining, Federal Agency Charges - HONOLULU – Suisan Company, Limited (Suisan), a food distributor on the Big Island of...more

EEOC Sues Presidente Supermarket for Pregnancy Discrimination

U.S. Equal Employment Opportunity Commission... on 9/24/2021

Company Fired Employee Because She Was Pregnant, Federal Agency Charged - MIAMI – Presidente Supermarket No. 31, Inc., a Miami location in a chain of over 30 supermarkets in Florida, violated federal law by firing an...more

Lucy’s Cantina Royale and Restaurant Group Sued by EEOC for Firing Pregnant Employee

U.S. Equal Employment Opportunity Commission... on 9/23/2020

Employer Declared Employee Was ‘Not a Good Fit’ After It Learned of Her Pregnancy, Federal Agency Charges - NEW YORK – A restaurant group that includes Lucy’s Cantina Royale, a Mexican restaurant operating in Manhattan,...more

June 2020: The Top 21 Labor And Employment Law Stories

Fisher Phillips on 8/3/2020

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

$13M UCLA Case Exposes Calif. Employment Litigation Flaws

Proskauer - California Employment Law on 5/14/2020

In Pinter-Brown v. Regents of the University of California, the California Court of Appeal’s Second Appellate District recently reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its...more

New York Federal Court Approves Employees’ $1.8 Million Slice In EEOC “Onionhead” Religion Discrimination Lawsuit

Seyfarth Shaw LLP on 3/11/2020

Seyfarth Synopsis: In an EEOC-initiated religious discrimination suit involving an employer’s alleged imposition of “Onionhead” religious practices, a federal district court in New York recently denied the employer’s motion...more

Church Affiliate Is Exempt From FEHA Liability, But Liable for $1.9 Million On Other Theories

Proskauer - California Employment Law on 1/15/2020

Mathews v. Happy Valley Conference Ctr., 2019 WL 6769659 (Cal. Ct. App. 2019) - Jeremiah Mathews worked as a maintenance supervisor and cook for Happy Valley Conference Center, which is a subordinate affiliate of...more

The More You Know... Or Others Think You Know: Fifth Circuit Finds Decision-maker Had Knowledge to Constitute Retaliation

Bradley Arant Boult Cummings LLP on 12/7/2017

The Fifth Circuit has issued another opinion in the continuing saga of Jackson State University and its past athletic director, Dr. Vivian Fuller—this one about retaliation against a witness. To refresh everyone’s memory: A...more

Mining company doomed in resurrected 'mark of the beast' lawsuit

Burr & Forman on 8/8/2017

The U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) recently decided a religious accommodation case in which a jury awarded a former employee more than half a million dollars. The Equal...more

EEOC Sued Diversified Maintenance Systems for Race Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 7/6/2017

Tampa-Based Janitorial Service Provider Rejected African-Americans for Jobs and Punished Black Employee for Opposing Discrimination, Federal Agency Charges - BALTIMORE - Janitorial Service Provider Diversified Maintenance...more

EEOC Sues Fracking Company for Race-Based Harassment and Retaliation

U.S. Equal Employment Opportunity Commission... on 2/26/2017

Downhole Technology Fired a Black Employee for Complaining About Racial Intimidation With a KKK Hood, Federal Agency Charges - HOUSTON - A manufacturer of equipment used in hydraulic fracturing ("fracking") violated...more

EEOC Sues Discovering Hidden Hawaii Tours for Male-on-Male Sexual Harassment

U.S. Equal Employment Opportunity Commission... on 2/16/2017

Company PresidentSexually Harassed Male Employees for More Than a Decade, Federal Agency Charges - HONOLULU, Hawaii - Three related Hawaii tour companies -- Discovering Hidden Hawaii Tours, Inc., Hawaii Tours and...more

Puerto Rico Issues Comprehensive Labor Law Reform

FordHarrison on 2/8/2017

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

EEOC Sues Marquez Brothers For Hispanic-Preference Hiring

U.S. Equal Employment Opportunity Commission... on 1/12/2017

Non-Hispanic Applicants Turned Away From Entry-Level Positions, Federal Agency Charges - FRESNO, Calif. - Marquez Brothers International, Inc. and its affiliates violated federal law when they failed to hire non-Hispanic...more

University Of Denver Sued By EEOC for Sex-Based Pay Discrimination

U.S. Equal Employment Opportunity Commission... on 10/5/2016

University Paid Female Full Law Professors Significantly Less Than Male Counterparts, Federal Agency Charges - DENVER, Colo. - The University of Denver violated federal law by paying female employees lower wages than...more

EEOC Sues Dehaven’s Transfer & Storage, Inc. for Pregnancy Discrimination

U.S. Equal Employment Opportunity Commission... on 9/23/2015

Moving Company Fired Female Employee Because She Was Pregnant, Federal Agency Charges - DURHAM, N.C. - DeHaven's Transfer & Storage, Inc., a residential and commercial moving company, violated federal law when it fired a...more

QSI Business Solutions, LLC Sued By EEOC For Pregnancy Discrimination

U.S. Equal Employment Opportunity Commission... on 9/17/2015

Company Violated Federal Law by Refusing to Hire Pregnant Employee, Federal Agency Charged - ATLANTA - QSI Business Solutions, a Dalton, Georgia, staffing and temporary employment agency, violated federal law by refusing...more

Wacky Employee Claims: What Employers Can Learn From Outlandish Situations

Lewitt Hackman on 7/22/2015

Think you've heard every cautionary workplace tale? Believe it or not, you probably haven't – the real question is, how prepared are you to handle wildly unusual complaints, extreme accommodation requests, and highly awkward...more

Employment Client Alert: Punitive Damages Award in Title VII Sexual Harassment Case Does Not Violate Due Process

Haight Brown & Bonesteel LLP on 12/15/2014

In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more

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