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Job Promotions Employment Litigation

Butler Snow LLP

Fifth Circuit Expands the Scope of Federal Antidiscrimination Laws

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On August 18, 2023, the full Fifth Circuit Court of Appeals expanded the range of negative employer actions that can serve as a basis for an employment discrimination lawsuit. This decision overruled established precedent...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims

Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth...more

Epstein Becker & Green

#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®

This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California. EEOC Reports Surge of COVID-19-Related Charges On the heels of the Equal...more

Akerman LLP - HR Defense

A Cautionary Tale for Recruiters

Unprecedented levels of employee attrition and turnover are forcing employers to pull out all the stops in attracting—and retaining—top talent. Hiring bonuses, relocation pay, and wellness benefits are quickly becoming the...more

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

California Supreme Court Holds Failure to Promote Claims Accrue With Employee’s ‘Knowledge’ of Denied Promotion

If an employee is passed over for a promotion due to alleged harassment, does the failure to promote happen when the employer decides to promote someone else or when the successful candidate actually takes on the role? ...more

Best Best & Krieger LLP

New 2020 Labor & Employment Laws for Public Agencies

Shauna Amon Writes About Public Employer New Laws in PublicCEO - California and federal courts, along with the state’s Public Employer Relations Board, handed down a number of decisions last year that will impact public...more

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

Sixth Circuit Considers Whether Comparator Info is Discoverable in a Failure to Promote Case

In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit Court of Appeals considered the discoverability of comparator information in a case involving an allegation that an employer failed to promote an employee....more

Seyfarth Shaw LLP

Chipotle’s Employees Denied Class Certification On Employment Discrimination Claims

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Seyfarth Synopsis: On January 15, 2020, in Guzman v. Chipotle Mexican Grill, Inc., No. 17-CV-02606-HSG, 2020 WL 227567 (N.D. Cal. Jan. 15, 2020), Judge Haywood Gilliam of the U.S. District Court for the Northern District of...more

Hogan Lovells

Employment News: unfair dismissal, equal pay, what's new

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Gathering clouds – flawed investigation made dismissal unfair - In Sunshine Hotel Ltd t/a Palm Court Hotel v Goddard the EAT agreed that failing to hold an investigatory meeting does not necessarily make a dismissal...more

Nossaman LLP

California Supreme Court Decides Wilson v. CNN: Court Rules No Categorical Exception to Anti-SLAPP Review for Discrimination and...

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On July 22, 2019, the California Supreme Court issued its long-awaited opinion in Wilson v. CNN. The primary question before the court concerned the application of the anti-SLAPP statute, Civil Procedure Code Section 425.16,...more

Saul Ewing LLP

Fourth Circuit Permits Sex Discrimination Claim Based on Rumors in the Workplace

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The Fourth Circuit put employers on notice in a recent ruling that emphasizes the importance of training supervisors to identify and properly handle gender-based rumors that can lead to hostile work environment claims. ...more

Seyfarth Shaw LLP

Rumor Has It–Workplace Gossip About Female “Sleeping Her Way To The Top” Could Be Sex Discrimination

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Seyfarth Synopsis: According to the 4th Circuit, a female employee who was subjected to false rumors that her promotion was a result of sleeping with the boss can levy her claim for sex-based discrimination against her...more

Seyfarth Shaw LLP

Federal Court Determines That Decision-Making By Upper Management May Allow For Certification In A Title VII Class Action

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Seyfarth Synopsis: On February 4, 2019, in Woods-Early v. Corning Corp., Case No. 18-CV-6162, a race discrimination class action, Judge Frank P. Geraci, Jr. of the U.S. District Court for the Western District of New York...more

Littler

NY Federal Court Significantly Limits Scope of Equal Pay Case

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For years, employment lawyers on both sides have disagreed on what is required to obtain class treatment in a Title VII discrimination case. ...more

Polsinelli

New York Court Rejects Class and Collective Certification in Nationwide Sex-Bias Action

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On November 30, 2018, the U.S. District Court for the Southern District of New York determined that a company’s decentralized pay and promotion structure made the matter unfit for class and collective certification under...more

Seyfarth Shaw LLP

Applying Wal-Mart, Court Denies Certification Of Nationwide Title VII Class Action Asserting Framework Within Which Discretionary...

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Seyfarth Synopsis: In a major end-of-the-year ruling, employers scored a significant victory in terms of the denial of class certification in a major gender discrimination case that has been closely watched by the media and...more

McNees Wallace & Nurick LLC

Court Holds Union Membership ‘Worthy of Constitutional Protection’

The Third Circuit Court of Appeals, the appeals court that has jurisdiction over federal cases in Pennsylvania, New Jersey, Delaware and the U. S. Virgin Islands, recently held that a public employer violates the First...more

U.S. Equal Employment Opportunity Commission...

Autonation-Owned Dealerships to Pay $150,000 To Settle EEOC Gender Discrimination Lawsuit

Dealership Rejected Qualified Female Employee Due to Her Sex, Federal Agency Charged - MIAMI - AutoNation-owned dealership, Abraham Chevrolet-Miami, Inc., which does business in Coral Gables, Fla. under the name...more

Ward and Smith, P.A.

Play by the Rules, Especially if They Are Your Rules: NC Supreme Court Creates New Constitutional Claim for Governmental Employees

Ward and Smith, P.A. on

On March 2, 2018, the North Carolina Supreme Court issued a remarkable decision that skewered a municipality for not abiding by its own personnel procedures. In the case of Tully vs. City of Wilmington, a municipal employee...more

Seyfarth Shaw LLP

Eleventh Circuit Upholds EEOC Verdict Challenging Employer’s Policy Favoring Current Employees For Open Positions

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Seyfarth Synopsis: In a cautionary tale for all employers, the Eleventh Circuit recently upheld a jury verdict of intentional discrimination in an EEOC lawsuit when an employer hired a current employee who was facing an...more

Rumberger | Kirk

Eleventh Circuit Reiterates Employers' Heavy Burden Under Equal Pay Act

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The Eleventh Circuit’s holding in Bowen v. Manheim Remarketing, Inc., 882 F.3d 1358 (11th Cir. 2018) reiterates an employer’s heavy burden to establish an affirmative defense in order to win summary judgment in cases alleging...more

Dickinson Wright

Michigan Court of Appeals Offers Guidance to Employers in Documenting Reasons for Hiring, Promotions

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On February 1, 2018, the Michigan Court of Appeals issued an opinion which offers employers guidance regarding ways to document the reasoning behind hiring, promotion, and termination decisions to overcome allegations of...more

Seyfarth Shaw LLP

Court Refuses To Release Correctional Facility Employer From Age Discrimination Suit, But Orders The EEOC To Identify Aggrieved...

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Seyfarth Synopsis: In an ADEA action brought by the EEOC alleging that the New Mexico Department of Corrections failed to promote correctional officers over the age of 40, a federal district court in New Mexico denied the...more

Baker Donelson

Employers Take Note: Seventh Circuit Widens Scope of EEOC's Right to Investigate

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Earlier this month, in EEOC v. Union Pacific Railroad, No. 15-3452, F.3d (7th Cir. Aug. 15, 2017), the Seventh Circuit issued a decision regarding the scope of the EEOC's right to investigate. It determined that neither the...more

Seyfarth Shaw LLP

Massachusetts Federal Court Doubles Down On Disparate Impact Ruling Against City Of Boston

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Seyfarth Synopsis: In Smith v. City of Boston, Plaintiffs brought suit against their employer, the City of Boston (the “City”), challenging the City’s police promotional exam from sergeant to lieutenant. Plaintiffs alleged...more

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