News & Analysis as of

Termination Title VII

Littler

Littler Lightbulb: July Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues X-Treme Tech Services for Sexual Harassment and Retaliation

Federal Agency Charges Company Fired Female Employee After She Resisted Supervisor’s Sexual Advances - THIBODAUX, La. – X-Treme Tech Services, LLC, which provides marine electronic services, violated federal law when a...more

Constangy, Brooks, Smith & Prophete, LLP

The man who said "no" to DEI training, and four lessons for employers

Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more

Husch Blackwell LLP

8th Circuit Decision Roundup – June 2024

Husch Blackwell LLP on

The Eighth Circuit Court of Appeals has issued several significant decisions that employers doing business in Minnesota should be aware of. Here are a few highlights of recent Eight Circuit Decisions that have addressed...more

FordHarrison

It’s about Tyne to Try Something New: The Burden of the Standard of Proof

FordHarrison on

Executive Summary - In January, the Eleventh Circuit issued a decision that likely will impact employers’ litigation strategies in discrimination cases. In Tynes v. Florida Department of Juvenile Justice, the court...more

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

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

U.S. Equal Employment Opportunity Commission...

Vicars Powersports to Pay $75,000 in EEOC Sex Discrimination Lawsuit

Federal Agency Charges Dealership Fired Female Manager and Replaced Her With Less Experienced Male - ST. LOUIS – Vicars Powersports, a McAlester, Oklahoma retailer of motorsports vehicles, will pay $75,000 and furnish...more

U.S. Equal Employment Opportunity Commission...

Jacobson Memorial Hospital to Pay $45,000 in EEOC Retaliation Lawsuit

Federal Agency Charged Hospital Terminated Black Nursing Aide in Retaliation for Racial Harassment Complaint - BISMARCK, N.D. – Jacobson Memorial Hospital Care Center, a critical access hospital in Elgin, North Dakota,...more

U.S. Equal Employment Opportunity Commission...

Cavco Industries, Palm Harbor Homes and Palm Harbor Villages to Pay $135,000 to Settle EEOC Race Discrimination Lawsuit

Agency Found Manufactured Home Companies Allowed Discrimination Against a White Employee with Black Family Members - WACO, Texas – Cavco Industries, Inc.; Palm Harbor Homes, Inc.; and Palm Harbor Villages, Inc., which...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Iron Hill Brewery for Race Discrimination and Retaliation

Federal Agency Charges Buckhead Restaurant Fired Employee Because of His Race and For Reporting Mistreatment of Others - ATLANTA – Iron Hill Brewery of Buckhead, LLC, and Iron Hill Brewery, LLC, a chain of breweries and...more

Stevens & Lee

Federal Court Upholds Employment Application’s Statute of Limitation Provision for Filing Lawsuits

Stevens & Lee on

Key Takeaway: Employers can increase protection against § 1981 lawsuits by including a statute of limitations provision in their employment application. The Fifth Circuit recently remitted a jury award in favor of the...more

U.S. Equal Employment Opportunity Commission...

Children’s Healthcare of Atlanta to Pay $45,000 to Settle EEOC Religious Discrimination Lawsuit

Hospital Settles Claims It Fired Maintenance Assistant for Seeking Exemption to Influenza Vaccine Requirements - ATLANTA – Children’s Healthcare of Atlanta, Inc. (CHOA), a pediatric healthcare system in Georgia, will pay...more

U.S. Equal Employment Opportunity Commission...

PRC Industries Pays $400,000 to Settle EEOC Racial Harassment, Retaliation Lawsuit

Settles Federal Charges E-Commerce Company Fired Black Workers Who Reported Racial Slurs - RENO, Nev. — PRC Industries, Inc., an E-commerce remanufacturing company, will pay two former employees of its Reno, Nevada,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Weis Markets for Sexual Harassment and Unlawful Use of Employee Assistance Program

Federal Agency Charges That Grocery Chain Subjected Employee to Sexual Harassment and Fired Her for Refusal to Cooperate with Illegal Medical Examination and Disability-Related Inquiries - HARRISBURG, Pa. – Weis Markets,...more

U.S. Equal Employment Opportunity Commission...

Title Loan Companies to Pay $60,000 to Settle EEOC Racial Harassment and Disability Discrimination Suit

Settles Federal Charges Employee Was Subjected to N-Word, Did Not Accommodate Her Disability, and Then Fired Her - GREENVILLE, S.C. – Georgia-based Community Loans of America, Inc. and its subsidiary, Carolina Title Loans,...more

Rivkin Radler LLP

The Employment Law Reporter: Autumn 2023

Rivkin Radler LLP on

Here is what we cover in this issue of Employment Law Reporter Autumn 2023: • The U.S. Court of Appeals for the Second Circuit has affirmed a decision by the U.S. District Court for the Southern District of New York...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues The Cleaning Authority-Fox Valley for Sexual Harassment and Retaliation

Cleaning Service Provider Sexually Harassed Female Workers and Punished Them for Complaining, Federal Agency Claims - MILWAUKEE – The Cleaning Authority-Fox Valley, a cleaning service provider in eastern Wisconsin,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Tesla for Racial Harassment and Retaliation

Federal Lawsuit Alleges Black Employees Endured Open Hostility and Racism - FREMONT, Calif. – Electric car maker Tesla, Inc., violated federal law by tolerating widespread and ongoing racial harassment of its Black...more

Constangy, Brooks, Smith & Prophete, LLP

Hair, beards, and the invigorated duty to accommodate religious practices

Hair. In some religions it is considered a sacred gift from God that should not be cut. In other religions, it must be styled, covered, or cut in particular ways. These religious practices may result in employees’ requesting...more

Sheppard Mullin Richter & Hampton LLP

What Does Affirmative Action’s Death Knell Mean for Employers?

At the end of June, the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows Of Harvard College, Nos. 20-1199 & 21-707, 2023 WL 4239254 (U.S. June 29, 2023), outlawed race-based...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Retaliation Claim Based on ‘Personal Gossip'

In Johnson v. Global Language Center, the Fourth Circuit Court of Appeals affirmed a district court's decision to grant summary judgment in favor of an employer in a Title VII retaliation claim, where the “protected activity”...more

Constangy, Brooks, Smith & Prophete, LLP

Employees who self-destruct

Mental illness can cause problems at work, and keep employees from getting help. If my experience is typical (and it may not be), it seems that a significant percentage of employers’ legal and Human Resources problems come...more

Parker Poe Adams & Bernstein LLP

Federal Court Rejects Claims by Employees Allegedly Fired for Wearing BLM Masks

In February 2021, we wrote about Kinzer, et al. v. Whole Foods Market, Inc., a case pending in Massachusetts federal court in which multiple employees alleged that they had been terminated by Whole Foods for wearing Black...more

Bradley Arant Boult Cummings LLP

Run Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment Action

For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job duties, compensation or...more

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

Seventh Circuit Ruling Reminds Courts Not to Draw ‘Narrow’ Comparisons in Title VII Cases

On October 26, 2022, the U.S. Court of Appeals for the Seventh Circuit handed employers another reminder of the potential benefits of consistent management. In Dunlevy v. Langfelder, the Seventh Circuit upheld the appeal...more

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