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Hiring & Firing › Wrongful Termination › Hostile Environment

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 -
Bodman

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

Bodman on

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

Littler

Ontario, Canada Court of Appeal Decides Employer Was Justified in Terminating Employee for Cause for Sexual Harassment

Littler on

In Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728 (A.O. Smith), a long-term senior employee’s co-worker alleged that the employee sexually harassed her. After a workplace investigation that determined the co-worker’s...more

TNG Consulting

Vocal Coach’s Concerns of Disparate Treatment Insufficient to Undo her Dismissal

TNG Consulting on

Warmington v. Board of Regents of the Univ. of Minnesota U.S. Dist. Ct., D. Minn. (April 21, 2020) - PROCEDURAL HISTORY:  Warmington, a highly accomplished and nationally recognized track and field coach, resigned in...more

Proskauer - Law and the Workplace

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

Proskauer - Law and the Workplace on

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

U.S. Equal Employment Opportunity Commission...

Jury Awards $5.1 Million For Workers in EEOC Religious Discrimination Case Against United Health Programs of America, Inc. And...

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

Health Network Violated Federal Law by Creating a Hostile Work Environment through Forced Participation in Religious Activities, Jury Found - NEW YORK - Following a three-week trial, on April 25, a unanimous Brooklyn...more

Orrick - Employment Law and Litigation

New Lawsuit Alleges Rush to Judgment in #MeToo Climate

Orrick - Employment Law and Litigation on

Newton’s Third Law of Physics states that “for every action, there is an equal and opposite reaction.” A recent Complaint filed in the Southern District of New York suggests that this principle may also hold true for the...more

CMCP - California Minority Counsel Program

Trend to Limit ADA and FEHA Definitions of Disability Attributed to Behavioral Disorders Affecting Work Relations?

CMCP - California Minority Counsel Program on

Could there be a trend starting among the courts to put restraints on the reach of the disability discrimination laws when it comes to mental impairments affecting an employee’s ability to get along with others in the...more

Nexsen Pruet, PLLC

New Harassment and Retaliation Standard in Fourth Circuit

Nexsen Pruet, PLLC on

Last month, in Boyer-Liberto v. Fontainebleau Corp., No. 13-1473 (4th Cir. May 7, 2015), the federal Court of Appeals for the Fourth Circuit, which includes North and South Carolina, articulated a new standard for analyzing...more

Hinshaw & Culbertson LLP

In a Win for Employees, Fourth Circuit Finds That Two Racial Slurs May Support Harassment Claim

Hinshaw & Culbertson LLP on

The Fourth Circuit Court of Appeals recently made two noteworthy rulings in a single case concerning sexual harassment and retaliation under Title VII. First, as it relates to sexual harassment, the Court found that two...more

Foley & Lardner LLP

Employer’s Super Anti-Harassment Policy May Increase Its Liability

Foley & Lardner LLP on

A federal court in Connecticut recently concluded that a fired employee could have a valid disability harassment claim based on statements prohibiting all harassment contained in the employer’s personnel manual. The company...more

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