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Motion to Dismiss Sexual Harassment

Foley & Lardner LLP

Court Denies Motion to Dismiss Suit Alleging that Franchisor Was a Joint Employer

Foley & Lardner LLP on

In Acuff v. Dy N Fly, LLC, four female plaintiffs sued a franchisor of hair salons (Dy N Fly), two of its franchisees, and the owner of the two franchisees for wrongful retaliatory termination and sexual harassment in the...more

Lewitt Hackman

Franchisor 101: Salon Franchisor Weaved into Joint Employment Claims

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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

Lathrop GPM

Michigan Federal Court Denies Franchisor’s Motion to Dismiss Claims of Sexually Hostile Work Environment and Retaliatory...

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A federal court in Michigan recently denied a franchisor’s motion to dismiss claims alleging that it was liable as a joint employer for claims under Title VII of the Elliott-Larsen Civil Rights Act, Michigan’s state...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Court of Chancery Holds That Corporate Officers, Like Directors, Owe a Duty of Oversight

On January 25, 2023, Vice Chancellor Laster of the Court of Chancery issued a significant decision, finding as a matter of first impression that corporate officers owe a duty of oversight akin to the oversight duties owed by...more

Seyfarth Shaw LLP

Federal Court Denies Employer’s Motion To Dismiss EEOC-Initiated Sexual Harassment Lawsuit

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Seyfarth Synopsis: In EEOC v. Konos, Inc., Case No. 1:20-CV-973 (W.D. Mich. June 3, 2021), the EEOC filed a lawsuit on behalf of a claimant against her employer, alleging it subjected to her to a hostile work environment and...more

Genova Burns LLC

The Devil is in the Details: NJ District Court Demands Details of Sexual Harassment to Defeat Motion to Dismiss

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On April 12, 2021, the New Jersey District Court for the District of New Jersey in Spence v. New Jersey, et al., granted in part and denied in part a motion to dismiss an employee’s sexual harassment and retaliation claims...more

Rivkin Radler LLP

The Employment Law Reporter - February 2021

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed the dismissal of an employment discrimination lawsuit. •A mediation agreement that...more

TNG Consulting

Campuses and the Courts: M.M. v. San Juan Unified Sch. Dist.

TNG Consulting on

M.M. v. San Juan Unified Sch. Dist., No. 219CV00398TLNEFB, 2020 WL 5702265 (E.D. Cal. Sept. 24, 2020) - SUMMARY OF PROCEDURAL HISTORY: M.M., a nine-year-old female student in the San Juan Unified School District (SJUSD),...more

Spilman Thomas & Battle, PLLC

The Rumor Mill: A Case Study on Workplace Conduct - How Perpetuating Workplace Rumors Can Create Employer Liability for Gender...

On February 8, 2019, the Fourth Circuit ruled an employer can be liable for gender discrimination for spreading false rumors that a female employee slept with her male boss to obtain a promotion. Parker v. Reema Consulting...more

Constangy, Brooks, Smith & Prophete, LLP

"She Slept Her Way To The Top!" = Sexual Harassment

A good reason to swear off gossiping at work. In a very interesting decision from the U.S. Court of Appeals for my Fourth Circuit, a three-judge panel recently held that false rumors that a successful woman "slept her way to...more

Ballard Spahr LLP

Nevada Court Rejects Defamation Claim Brought Against Associated Press by Casino Mogul

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In an opinion and order issued recently, a Nevada state court dismissed with prejudice a defamation claim brought by businessman Steve Wynn against the Associated Press (AP) and one of its reporters. ...more

Seyfarth Shaw LLP

VII Before IX: Continuing Saga in Harassment Claim Preemption

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Seyfarth Synopsis: A recent decision by the U.S. District Court for the Eastern District of Texas, part of the Fifth Circuit Court of Appeals, reaffirmed a growing circuit split regarding whether Title VII of the Civil Rights...more

Seyfarth Shaw LLP

Texts From Your Ex? Not So Fast- Make Sure To Preserve Your Evidence

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Seyfarth Synopsis: A case out of the District of Oregon recently dismissed a Plaintiff’s sexual harassment and retaliation claims where the allegations relied on manufactured text messages that Plaintiff failed to produce. ...more

Tucker Arensberg, P.C.

Federal Court Allows Title IX Claim to Proceed Based Upon Allegations That Student Harassed By Peers for Failure to Conform to...

Tucker Arensberg, P.C. on

Russell Bittendender, et ux. v. Bangor Area School District, Case No. 15-6465 (E.D. Pa. 2017). The United States District Court for the Eastern District of Pennsylvania refused to dismiss a complaint alleging that a school...more

Proskauer - California Employment Law

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Carlton Fields

New York Court Conditionally Certifies Class of Entry-Level Female Sales Representatives in Collective Action Under Equal Pay Act

Carlton Fields on

A New York district court magistrate judge conditionally certified a class of past and current entry-level female sales representatives of Forest Laboratories, Inc. and Forest Pharmaceuticals, Inc. under the Equal Pay Act....more

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