News & Analysis as of

Law Enforcement Employment Litigation

Bricker Graydon LLP

Sixth Circuit rules officers have no first amendment right to record interviews during police misconduct investigations

Bricker Graydon LLP on

Technology. It is the proverbial blessing and curse that has resulted in an increasing amount of litigation in the courts. One such lawsuit presented the issue of whether the First Amendment provides police officers and their...more

Littler

Non-Disparagement Provisions Not Barred by NJLAD’s #MeToo Amendments, For Now

Littler on

In March 2019, in response to the #MeToo movement, New Jersey enacted N.J.S.A. 10:5-12.8, which amended the New Jersey Law Against Discrimination (NJLAD) to prohibit, in employment contracts or settlement agreements, any...more

Laner Muchin, Ltd.

Court Rules That Police Officers Transporting, Loading, And Storing Equipment Is Not Compensable “Work”

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Last week, a federal judge in Chicago rejected the class action claims of Chicago Police Department (CPD) SWAT officers who sued the City for overtime pay for transporting, loading/unloading, and storing equipment that they...more

Rumberger | Kirk

No Longer A Mess: En Banc Eleventh Circuit Clarifies the Standard for Similarly Situated Comparators

Rumberger | Kirk on

Last month, the en banc Eleventh Circuit clarified the appropriate standard for analyzing “similarly situated” comparator evidence in Title VII intentional-discrimination cases. Lewis v. City of Union City, Ga., --- F.3d...more

Seyfarth Shaw LLP

Massachusetts High Court Finds Failure to Grant Lateral Transfer May Be Discrimination

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Seyfarth Synopsis: On January 29, 2019, the Massachusetts Supreme Judicial Court held that the failure to grant a lateral transfer may be the basis of a discrimination claim under Massachusetts anti-discrimination law where...more

Burr & Forman

11th Circuit Clarifies “Similarly Situated” Standard for Discrimination Claims

Burr & Forman on

On March 21, 2019, a 9-3 en banc majority announced that a plaintiff proceeding under the McDonnell Douglas framework must demonstrate as a part of her prima facie case that she and her comparators are “similarly situated in...more

Littler

UK Plaintiff – a White, Straight Man Not Selected for a Job – Prevails in Discrimination Claim

Littler on

I’m sure readers saw the title of this article and thought “what!? White straight men are the most represented group in businesses!” Nonetheless, an employment tribunal in the United Kingdom recently held that a strong...more

Littler

A New Cause of Action: Massachusetts High Court Rules That Denying A Lateral Transfer Request Could Constitute Discrimination

Littler on

On January 29, 2019, the Massachusetts Supreme Judicial Court held that failing to grant a lateral transfer for discriminatory reasons may constitute an “adverse employment action” that violates Massachusetts law, G.L. c....more

Fisher Phillips

What Will A Governor Newsom Mean for California Employers?

Fisher Phillips on

While much of the attention this midterm election has been focused on Congress and federal issues - the “blue wave” and a “referendum” on the Trump presidency - California employers know all too well that employment and labor...more

Seyfarth Shaw LLP

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

Seyfarth Shaw LLP on

Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more

Seyfarth Shaw LLP

The Eleventh Circuit Affirmed It Was Not A “Crime” To Not Compensate For Dressing and Drive Time

Seyfarth Shaw LLP on

The Eleventh Circuit recently affirmed the district court’s grant of summary judgment to two Florida counties in an action brought against former sheriff deputies under the Fair Labor Standards Act (FLSA) and Florida Minimum...more

Dickinson Wright

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

Dickinson Wright on

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

Sheppard Mullin Richter & Hampton LLP

New York’s Highest Court Narrowly Construes New York City Human Rights Law To Bar Disability Discrimination Claims Based on...

Last month, New York’s highest court took the unprecedented step of construing the New York City Human Rights Law (“NYCHRL”) more narrowly than its state and federal counterparts to bar plaintiffs’ city law disability...more

Franczek P.C.

Federal Appeals Court Affirms Six-Figure Jury Verdict in Pregnancy Discrimination Act Claim

Franczek P.C. on

A recent decision issued by the U.S. Court of Appeals for the Eleventh Circuit serves as a cautionary tale for employers quick to deny employees’ requests for accommodations after returning from maternity leave. The Pregnancy...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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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