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Summary Judgment Equal Employment Opportunity Commission (EEOC) Appeals

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Genova Burns LLC

New Jersey Appellate Division Rules Termination Of An Older Employee Is Not Always Age Discrimination

Genova Burns LLC on

On May 26, 2023, the New Jersey Appellate Division in Kalloo v. New York New Jersey Rail, LLC affirmed summary judgment in favor of the employer finding there was no evidence that age played any role in the termination of the...more

Miller Canfield

6th Circuit Clarifies Opposition Clause of Title VII - Performance of Regular Job Duties as Protected Activity

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Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more

Proskauer - Law and the Workplace

Eleventh Circuit Implements Supreme Court’s Young v. UPS Test in Assessing Indirect Evidence of Intentional Pregnancy...

On a matter of first impression, the U.S. Eleventh Circuit, in Durham v. Rural/Metro Corp., applied the test for indirect evidence of intentional pregnancy discrimination enunciated by the U.S. Supreme Court in Young v. UPS....more

Bradley Arant Boult Cummings LLP

Good Reasons Sometimes Win: 5th Circuit Cites “Unprofessional Behavior” of Plaintiff in Dismissing ADEA Claim

Add this case to your “Be Sure to Document Your Non-Discriminatory Reasons” file. An employee doing bad things lost on summary judgment in an employment discrimination action, even though she alleged that the company did not...more

Genova Burns LLC

Employee’s Failure to Cooperate Deemed Fatal to Disability Pregnancy Claims

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The Appellate Division has stopped a former medical resident’s discrimination and constructive discharge claims from proceeding because the resident did not do everything in her power to remain employed. On August 2, 2019, in...more

Payne & Fears

Key California Employment Law Cases: June 2019

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This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Jones Day

D.C. Court Sets Deadline to Submit EEO-1 Employee Pay Data

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The Situation: The United States District Court for the District of Columbia has set September 30, 2019, as the deadline for certain employers to submit EEO-1 Component 2 pay data for 2017 and 2018. Between now and then, the...more

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

I Hate My Boss: Sixth Circuit Shuts Down ADA Request for Less Stressful Boss

The Sixth Circuit Court of Appeals recently reminded employers that, even under the more liberal standard for establishing a disability under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), an employee who...more

Bradley Arant Boult Cummings LLP

Doctor, Doctor: Fourth Circuit Allows Case to Proceed on Employee Medical Exam

When can you send an employee for a medical exam? In EEOC v. McLeod Health, Inc., the Fourth Circuit recently provided some guidance and allowed a plaintiff’s claim for an illegal medical exam to proceed to the jury despite...more

Payne & Fears

Key California Employment Law Cases: August 2018

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This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks.   EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...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

Parker Poe Adams & Bernstein LLP

Note Questioning Mental Stability Justified Follow-Up by Employer Despite Doctor's Clearance

Sometimes when an employee returns from medical leave and presents a doctor’s clearance, the employer has serious questions about the employee’s actual ability to safely and effectively perform the job. A recent unpublished...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

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Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Proskauer - Law and the Workplace

Sixth Circuit Holds Discrimination Based on Transgender Status is Prohibited Under Title VII

In a unanimous decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., a three-judge Sixth Circuit panel has held that discrimination on the basis of transgender status is “necessarily” discrimination on the basis of sex...more

Burr & Forman

Equal Pay Act case gets new life

Burr & Forman on

In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) reversed a decision to grant summary judgment—meaning the trial court had found there was no...more

Holland & Knight LLP

Seventh Circuit Provides Clarity on Leaves of Absence and the ADA

Holland & Knight LLP on

The U.S. Court of Appeals for the Seventh Circuit recently held that an employer's refusal to offer an employee a two- or three-month medical leave of absence following his exhaustion of his Family Medical Leave Act (FMLA)...more

BCLP

ADA Does Not Require Employers to Provide Multi-Month Leave Beyond Expiration of FMLA Leave – Seventh Circuit

BCLP on

This week the 7th Circuit Court of Appeals issued a decision helpful to employers grappling with whether they must extend an employee’s time off following the expiration of Family and Medical Leave Act (FMLA) leave as a...more

FordHarrison

Seventh Circuit Affirms Summary Judgment for Employer in Title VII and Title IX Retaliation Case

FordHarrison on

Recently, the United States Court of Appeals for the Seventh Circuit in Burton v. Board of Regents of the University of Wisconsin System, affirmed the district court’s order granting summary judgment in favor of the employer...more

Seyfarth Shaw LLP

Fifth Circuit Warps Time In Decision On The Continuing Violation Doctrine

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Fifth Circuit Court of Appeals recently held for the first time that the continuing violation doctrine applies even when a plaintiff was subject to harassment that was severe enough to put the...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - November 2016

Proskauer Rose LLP on

This month we review a recent Second Circuit decision addressing ERISA plan status as a class member in a securities shareholder class action. As discussed in the article, the decision exposes a potential conflict among the...more

Seyfarth Shaw LLP

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

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Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2016 #2

California Considers Extending Fair Pay Act to Race, Ethnicity - Why it matters - Reflecting the nationwide trend of pay equity, a new bill under consideration by California legislators would extend the state's Fair...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Finds EEOC Investigation Not Subject to Review

Recently, the United States Court of Appeals for the Second Circuit held in the matter of Equal Employment Opportunity Commission (“EEOC”) v. Sterling Jewelers Inc. (“Sterling Jewelers”), that the District Court erred by...more

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