News & Analysis as of

Wrongful Termination Title VII

Proskauer - Law and the Workplace

Eleventh Circuit Deepens Circuit Split Over Causation Standard for FMLA Retaliation Claims

On December 13, 2023, an Eleventh Circuit panel firmly established “but-for” causation as the Circuit’s causation standard for Family and Medical Leave Act (FMLA) retaliation claims. Courts across the nation have adopted...more

U.S. Equal Employment Opportunity Commission...

HVAC Contractor to Pay $361,000 to Settle EEOC Sexual Harassment Lawsuit

Company Owner Repeatedly Claimed Women Do Not Belong in the Building Trades and Sexually Harassed Female Employees for Years, Federal Agency Charged - SEATTLE — Spokane Valley-based HVAC contractor Air Control Heating &...more

Proskauer - Law and the Workplace

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more

Littler

$10 Million “Reverse” Race & Gender Discrimination Verdict Gives DE&I Programs a Halloween Fright

Littler on

For the past several years, companies have been focused on creating and executing meaningful diversity, equity and inclusion (DE&I) programs to address the multi-faceted challenges—and opportunities—of diversifying their...more

Holland & Hart - Employers' Lawyers

Nevada Legislative Update 2021

Similar to 2019, in 2021, the Nevada Legislature passed several bills implicating employment issues for both private and public employers. High level summaries of the relevant provisions of these bills and their effective...more

Holland & Hart LLP

Nevada Legislative Update - June 2021

Holland & Hart LLP on

Similar to 2019, in 2021, the Nevada Legislature passed several bills implicating employment issues for both private and public employers. High level summaries of the relevant provisions of these bills and their effective...more

Bricker Graydon LLP

U.S. District Court dismisses challenge to hospital’s employee vaccine mandate

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On April 1, 2021, Houston Methodist Hospital announced that all of its employees would be required to be vaccinated against COVID-19 by June 7, 2021, but that it would provide accommodations to any employee with disability...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

Cole Schotz

EEOC Updates Workplace COVID-19 Vaccination Guidance For Employers

Cole Schotz on

On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance regarding workplace COVID-19 vaccination policies and employee accommodations (the “Updated Guidance”). Among other issues, the...more

TNG Consulting

Vocal Coach’s Concerns of Disparate Treatment Insufficient to Undo her Dismissal

TNG Consulting on

Warmington v. Board of Regents of the Univ. of Minnesota U.S. Dist. Ct., D. Minn. (April 21, 2020) - PROCEDURAL HISTORY:  Warmington, a highly accomplished and nationally recognized track and field coach, resigned in...more

McDermott Will & Emery

COVID-19 Vaccine FAQs for Employers

McDermott Will & Emery on

Yes, an employer can implement a mandatory COVID-19 vaccination policy, subject to some conditions and exceptions. A mandatory vaccine policy must be job-related, consistent with business necessity or justified by a direct...more

Husch Blackwell LLP

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

Husch Blackwell LLP on

Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Dechert LLP

The U.S. Supreme Court Expands the Ministerial Exception

Dechert LLP on

On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

Payne & Fears

United States Supreme Court Clarifies the Scope of the Ministerial Exception

Payne & Fears on

In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more

Genova Burns LLC

It Takes Two to Tango: Third Circuit Reminds Employees of Their Reciprocal Obligations in the Interactive Process

Genova Burns LLC on

On March 31, 2020, the Third Circuit Court of Appeals affirmed the District Court’s dismissal of discrimination, retaliation, and wrongful termination claims filed by an ex-accountant of a local board of health. In Petti v....more

Seyfarth Shaw LLP

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more

Seyfarth Shaw LLP

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

Seyfarth Shaw LLP on

Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

Proskauer - California Employment Law

Employer That “Mistakenly” Terminated Employee On Disability Leave May Be Liable For Discrimination

Glynn v. Superior Court, 42 Cal. App. 5th 47 (2019) - John Glynn worked as a pharmaceutical sales representative before he commenced a medical leave of absence for a serious eye condition (myopic macular degeneration)....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Blackstone Consulting, Inc. for National Origin Discrimination

Los Angeles-Based Service Fired Cleaner Because She Wasn't Fluent in English, Federal Agency Charges - BALTIMORE - Blackstone Consulting Inc, which provides environmental, facilities management and other services to...more

U.S. Equal Employment Opportunity Commission...

Century Care of Laurinburg to Pay $30,000 to Settle EEOC Pregnancy Discrimination Suit

Pregnant Nursing Assistants Were Denied Accommodations and Fired, Agency Charged - CHARLOTTE, N.C. - Century Care of Laurinburg, Inc. d/b/a Scottish Pines Rehabilitation & Nursing Center (Scottish Pines), a North Carolina...more

U.S. Equal Employment Opportunity Commission...

DSW Shoe Warehouse to Pay $40,000 to Settle EEOC Race Discrimination Lawsuit

Nationwide Shoe Retailer Unfairly Disciplined and Terminated a Black Assistant Manager, Federal Agency Charged - CLEVELAND- DSW Shoe Warehouse Inc., a nationwide shoe retailer headquartered in Columbus, Ohio, will pay...more

Obermayer Rebmann Maxwell & Hippel LLP

Back In the Saddle and Ready To Ride: Will SCOTUS Buck Social Trends in the LGBT Rights Rodeo?

October 7, 2019 marked the beginning of a new U.S. Supreme Court term. One significant employment law matter the Court is expected to rule on has to do with lesbian, gay, bisexual and transgender (“LGBT”) rights. In a trio of...more

Seyfarth Shaw LLP

Supreme Court Hears Landmark Cases On Title VII Sexual Orientation and Gender Identity Discrimination

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Seyfarth Synopsis: On October 8th, the Supreme Court heard oral argument in a trio of cases that may decide whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity. In much of the...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

U.S. Equal Employment Opportunity Commission...

SoftPro to Pay $80,000 to Settle EEOC Disability Discrimination Suit

Software Company Fired Employee for Perceived Disability, Federal Agency Charged - RALEIGH, N.C. - SoftPro, LLC, a Delaware software company headquartered in Raleigh, N.C., will pay $80,000 and provide other relief to...more

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