News & Analysis as of

Summary Judgment Human Resources Professionals

Holland & Hart - Employers' Lawyers

Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more

Farella Braun + Martel LLP

The Ninth Circuit Reminds Employers of Obligations When Addressing Social Media Posts Affecting Workplace

A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...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

Sherman & Howard L.L.C.

Don’t Let “Sending The Right Message” Stand In The Way Of An Effective Investigation

In today’s world, employers may be tempted to react quickly and with force to complaints of discrimination before allowing a complete investigation to run its course. A new decision from the U.S. District Court for the...more

Seyfarth Shaw LLP

Seventh Circuit Affirms Summary Judgment in Disability Suit Where No Evidence that Disability Was “But For” Cause of Position...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In McCann v. Badger Mining Corporation, — F.3d. — (7th Cir. 2020), the Seventh Circuit affirmed summary judgment and held that no jury could conclude that plaintiff’s position would not have been eliminated...more

Cozen O'Connor

HR Investigations Pay Dividends: A Healthier Workplace and Protection in Court

Cozen O'Connor on

Many HR professionals spend a significant amount of time investigating employee complaints and, depending on the outcome of these investigations, implementing corrective measures to halt and prevent bad behavior in the...more

Bradley Arant Boult Cummings LLP

Stick to Your Story: Employer’s Shifting Termination Justifications Can Cause Employer to Have to Explain Its Discharge Decision...

If you want to avoid potential liability from a former employee, remember a key maxim: Stick to your story about why you made the employment decision. If an employer shifts rationales for its decision or tries to pile on by...more

Genova Burns LLC

Recent Appellate Division Decision Reminds Employers of the Rewards of Diligence

Genova Burns LLC on

The New Jersey Appellate Division’s recent decision in Aryee v. Newark Beth Israel Medical Center on February 20, 2019 demonstrates that even in an increasingly pro-employee environment, employers can prevail in...more

Steptoe & Johnson PLLC

WV Supreme Court Broadly Applies Immunity to Certain State Employees

Steptoe & Johnson PLLC on

In the recent West Virginia Supreme Court case of R.L.D. v. W.Va. Dep’t of Health & Human Res., 2018 WL 6040310 (November 19, 2018), the Court upheld summary judgment as a matter of law in favor of Child Protective Services...more

Bradley Arant Boult Cummings LLP

Pay the Man! (Or Woman)—But Differently? 11th Circuit Reinstates Sex Discrimination Pay Claim

When you promote someone into a position, do you have to pay him what you paid his predecessor? As with so many things – it depends. Can you pay less if the promotee has less experience and a lower prior salary than the...more

Dorsey & Whitney LLP

Don’t Make a Habit of it, but Sometimes, Ignorance IS Bliss

Dorsey & Whitney LLP on

As a general rule, of course, Human Resources Departments and company management want to be – and should be – well-informed about issues in the workplace, including employees unhappy enough to have raised claims of...more

Sherman & Howard L.L.C.

Stuck in Cape Town Again

By creatively patching together scheduled days off, vacation days, and personal holidays, and then switching a shift, the plaintiff put together 21 days off. Unfortunately, he was still scheduled for one shift right in the...more

McAfee & Taft

Lessons in dealing with an “equal opportunity” harasser

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A new opinion released by the Tenth Circuit provides practical tips to employers dealing with multiple employee complaints alleging generalized harassment and/or discrimination throughout the workplace....more

Bradley Arant Boult Cummings LLP

HR to the Rescue: Prompt Investigation Beats EEOC’s Sex Harassment Claim

Don’t listen to all the doubters – HR truly can save the day. A recent federal court decision from the Western District of Tennessee illustrates the point again: prompt and appropriate investigation of a sexual...more

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