Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
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
Sheesh. I would think so! Here's a story for you: Some investors bought an apartment complex in Houston with the plan to fix it up and flip it. They decided the Property Manager wasn't doing a good job, so they fired her...more
In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more
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
The Equal Employment Opportunity Commission (EEOC) has long taken the position that the Americans with Disabilities Act (ADA) requires employers to provide a disabled employee reassignment to an alternative position for which...more
Fencing Company's Mistreatment of Black Employee, Including Racial Slurs and Noose Display, Forced Him to Quit, Federal Agency Charged - CHICAGO - A Melrose Park, Ill., fencing company will pay $25,000 and furnish other...more
Bank Failed to Accommodate Manager With Pregnancy-Related Disability, Federal Agency Charged - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, will pay $100,000 and provide significant...more
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
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
On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more
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
Seyfarth Synopsis: A federal district court in Arkansas recently denied an employer’s motion for summary judgment on two EEOC-initiated ADA claims – in EEOC v. Crain Automotive Holdings LLC, No. 4:17-CV-627, 2019 U.S. Dist....more
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
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
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
Q. Is there anything I should look out for in documenting my legitimate business reason for terminating an employee? A. The United States Appeals Court for the Seventh Circuit (covering Illinois, Indiana and Wisconsin)...more
An employer’s facts in an investigation did not match those it reported to the EEOC in response to the same allegations. The employer created its own factual discrepancy, and based on the discrepancy, the 7th Circuit reversed...more
You find out an employee launches a false complaint of discrimination or harassment and you terminate them for their dishonesty. There’s no harm in that, right? Think again. There has been a recent trend of cases where courts...more
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 Synopsis: The U.S. District Court for the District of New Jersey recently issued a ruling with respect to Defendants’ “compelling” exhaustion argument that Plaintiffs failed to exhaust administrative remedies with...more
Seyfarth Synopsis: The Fourth Circuit revived the retaliation case of a former city employee who was terminated one day after expressing an intent to file a formal grievance against her supervisor for race-based harassment,...more
Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong...more
Seyfarth Synopsis: In a showdown between the State of Texas and the EEOC – whereby Texas alleged that the EEOC’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title...more
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