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Summary Judgment Equal Employment Opportunity Commission (EEOC) Retaliation

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

Wiley Rein LLP

Revising Prior Order, Georgia Court Holds Two EEOC Charges and Resulting Lawsuit by the Same Claimant Are All Claims “Made or...

Wiley Rein LLP on

The United States District Court for the Northern District of Georgia, applying Georgia law and revising its prior summary judgment order, has held that a restaurant is not entitled to coverage under a...more

Bradley Arant Boult Cummings LLP

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

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

Miller Canfield

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

Miller Canfield on

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

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

Alabama Worker’s ADA Suit Runs Out of Air: Federal Court Dismisses Failure to Accommodate and Retaliation Claims

The U.S. District Court for the Northern District of Alabama recently granted summary judgment to United States Steel Corporation, finding that the company did not deny Raymond Carr III, a former employee with chronic...more

Jackson Lewis P.C.

EEOC Argues For Broader Causation Standard And Provides A Peek Into The EEOC’s Future Focus

Jackson Lewis P.C. on

Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment...more

Payne & Fears

Key California Employment Law Cases: June 2019

Payne & Fears on

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

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

It’s Flu Season Again...Are Your Mandatory Vaccination Policies Immune to Legal Challenges?

With flu season here and reported incidents of deaths caused by diseases thought to have been eradicated by vaccines on the rise, many healthcare providers are considering mandatory vaccination of employees. The Centers for...more

Troutman Pepper

Inconsistent Factual Accounts Could Support An Inference Of Retaliation

Troutman Pepper on

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

Sherman & Howard L.L.C.

Get Your Story Straight!

Sherman & Howard L.L.C. on

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

Fisher Phillips

Web Exclusive - That’s My Story And I’m Sticking To It: A Look At The “Honest Belief” Rule

Fisher Phillips on

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 Shaw LLP

Fourth Circuit Finds Former Employee Established Prima Facie Case of Retaliation

Seyfarth Shaw LLP on

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

Bradley Arant Boult Cummings LLP

Winning Harassment Claims in the #MeToo Era

In this #MeToo era, employers are, understandably, a little sensitive when someone raises a claim of harassment. Even with the heightened sense of peril, companies should remember that if they are doing the right thing—having...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

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

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

No New Trial: Court Grounds EEOC Following JetStream’s Victory In Religious Discrimination Trial

Seyfarth Shaw LLP on

Seyfarth Synopsis: Following a major victory for an airline-industry employer over the EEOC in a Title VII action regarding religious accommodations, the Court denied the EEOC’s motion for a new trial. The decision is a...more

Seyfarth Shaw LLP

Just What The Doctor Ordered: Court Denies The EEOC’s Motion For Summary Judgment In ADA Suit Regarding Employer’s Wellness...

Seyfarth Shaw LLP on

Seyfarth Synopsis: After the EEOC brought an action under the Americans With Disabilities Act against an employer who implemented a wellness program requiring employees to take a health assessment to participate, the Court...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - June 2016

Proskauer Rose LLP on

Editor's Overview - In this month’s newsletter, our colleagues focus on two sets of legislative updates. First is a discussion of the IRS’s proposed Treasury Regulations prescribing rules under Section 457 of the...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Finds Rebellious Behavior by Subordinates Insufficient to Constitute Hostile Work Environment

Most hostile environment harassment claims brought under Title VII involve allegations of offensive conduct by the plaintiff’s supervisors or co-workers. In a few situations, the employee alleges that his or her subordinates...more

U.S. Equal Employment Opportunity Commission...

The DIGEST Of Equal Employment Opportunity Law

Agency Processing - Agency Failed to Develop Adequate Record to Make Determination on Claim of Sex Discrimination Based on Gender Stereotype. Complainant alleged that he was subjected to ongoing hostile work environment...more

Proskauer - Whistleblower Defense

N.D. Ill. Denies Employer Summary Judgment On Retaliation Claim, Stressing Shifting Explanation For Discharge

The U.S. District Court for the Northern District of Illinois recently ruled that a retaliation claim survived summary judgment because of the “convincing mosaic” of evidence of retaliation the Plaintiff presented,...more

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