News & Analysis as of

Performance Reviews Employment Discrimination

Constangy, Brooks, Smith & Prophete, LLP

Don’t let a bad employee’s protected activity lead you into the twilight zone.

You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more

Constangy, Brooks, Smith & Prophete, LLP

Respondeat superior and other Latin terms you should know

When I was in high school, the foreign language offerings were French and Spanish. That was a long, long time ago, in a galaxy far, far away. Today, the best I can do in Spanish is ask your name, what time it is, and how to...more

McGlinchey Stafford

Workplace Retaliation: Court Slashes $366M Jury Verdict

McGlinchey Stafford on

This significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees. Thorough documentation...more

Fisher Phillips

Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

Fisher Phillips on

Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more

Jackson Lewis P.C.

Evaluating Evaluations in the Manufacturing Workplace

Jackson Lewis P.C. on

Like all employers, manufacturers tend to hold strong opinions about the use of performance reviews and evaluations in the workplace. Whether performance reviews make sense for a given manufacturer usually requires an...more

Seyfarth Shaw LLP

Justices Mull Fundamental Element of Proof in Title VII Case During Oral Argument In Muldrow v. City of St. Louis

Seyfarth Shaw LLP on

Seyfarth Synopsis: One of the most anticipated employment cases of the term was recently argued before the United States Supreme Court. In Muldrow v. City of St. Louis the Court requested the parties address the issue:...more

Constangy, Brooks, Smith & Prophete, LLP

I'm an employment lawyer. Here are 5 things you employers are doing wrong.

You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....more

Goodwin

What Employers Need to Know About Use of Generative AI at Work

Goodwin on

Generative AI could profoundly affect workplace dynamics, potentially bringing significant benefits to companies that are able to manage the risks. Here we focus on employment law as it relates to use of generative AI at...more

Fisher Phillips

“Nepo Babies” Beyond Hollywood: 4 Tips for Managing Nepotism in the Workplace

Fisher Phillips on

Famous parents often smooth the road to stardom for their children — even when their kids have earned a place in Hollywood through talent and hard work. After all, getting an audition is easier for the aspiring actor whose...more

Vinson & Elkins LLP

Juries are More Likely to Find Retaliation than Discrimination

Vinson & Elkins LLP on

On October 25, 2022, a federal jury in Houston awarded a woman $365,000,000 in punitive damages and over $1,000,000 in compensatory damages, after finding that her employer had terminated her in retaliation for complaining...more

Tucker Arensberg, P.C.

Filling Vacancies With Internal Candidates Without Application Process Leads to Discrimination Claim

S.G. v. Norristown Area S.D., No. 20-1682, 2021WL 6063122 (E.D. Pa. Dec. 22, 2021) (Federal court allowed a discrimination claim of part-time teacher to proceed arising from a school district’s practice of hiring internal...more

Seyfarth Shaw LLP

EEOC Update: The Commission Releases Its FY 2023 Budget Justification And FY 2021 Performance Report

Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 28, 2022, the EEOC released its fiscal year 2023 budget justification (see here) and fiscal year 2021 performance report (“APR”) (see here). The APR is a “report card” analysis of the EEOC’s...more

American Conference Institute (ACI)

[Event] 30th Annual Employment Practices Liability Insurance Conference - January 25th - 26th, New York, NY

ACI’s Forum on Employment Practices Liability Insurance is returning to New York City on January 25 – 26, 2022! IN-PERSON and LIVESTREAM options available. This annual conference is the one-stop, must-attend meeting place...more

Parker Poe Adams & Bernstein LLP

Increased Scrutiny and Write-Ups Lead to Retaliation Verdict

Here is a scenario we commonly face with clients: A poor-performing employee has not quite reached the point of termination. Just prior to a final decision on her employment, she goes to the Human Resources Department to...more

U.S. Equal Employment Opportunity Commission...

EEOC Issues FY 2018 Performance Report

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) reported significant increases in its outreach efforts and enforcement actions to prevent and remedy unlawful employment discrimination during fiscal year...more

U.S. Equal Employment Opportunity Commission...

EEOC Issues FY 2017 Performance Report

Dramatic Decline in Inventory Headlines Agency Accomplishments - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) made significant progress in managing the pending inventory of charges during fiscal...more

Fisher Phillips

Radical Candor in the Workplace: How “Being Nice” To Employees May Place You In Legal Jeopardy

Fisher Phillips on

Is honesty really the best policy at the workplace? Some employers believe that a few little white lies might help them avoid uncomfortable situations and confrontations. It’s common for some to spare an employee’s feelings...more

Hogan Lovells

Employment News - October 2017 #4

Hogan Lovells on

In this weeks issue: - Hear no evil – manager's motives not attributed to decision taker... - By contrast – EAT rejects argument that decision maker was innocent agent with no discriminatory motive... -...more

Proskauer - Law and the Workplace

EEOC Issues Fiscal Year 2016 Performance Report

On November 15, 2016, the EEOC published its Fiscal Year 2016 Performance and Accountability Report. The Performance Report details the EEOC’s efforts over the past fiscal year, which ran from October 1, 2015 to September 30,...more

U.S. Equal Employment Opportunity Commission...

EEOC Issues Fiscal Year 2016 Performance Report

Agency Helps Thousands of Workers and Employers Resolve and Prevent Discrimination in the Workplace - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) secured more than $482.1 million for victims of...more

Seyfarth Shaw LLP

Employers Beware: EEOC’s 2015 Performance And Accountability Report Reaffirms Its Commitment To High Profile, Systemic Litigation

Seyfarth Shaw LLP on

On November 19, 2015, the EEOC released its annual 2015 Performance and Accountability Report (“PAR”). The Report reflects the progress of the EEOC’s continued efforts to meet the enforcement priorities outlined in its 2012...more

U.S. Equal Employment Opportunity Commission...

EEOC Revela Informe De Rendimiento para el Año Fiscal 2015

Agencia avanza en combatir y prevenir la discriminación y en ofrecer un servicio excelente al público - WASHINGTON- La Comisión Para la Igualdad de Oportunidades en el Empleo (EEOC) logró resultados récord en sus...more

U.S. Equal Employment Opportunity Commission...

EEOC Issues Fiscal Year 2015 Performance Report

Agency Makes Progress in Combating and Preventing Discrimination and Delivering Excellent Service to the Public WASHINGTON- The U.S. Equal Employment Opportunity Commission (EEOC) achieved record results in its enforcement...more

BakerHostetler

Has the Fifth Circuit Opened the Door for Potential Liability of Staffing Companies?

BakerHostetler on

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two...more

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