Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against any individual based on race, color, religion, sex, or national origin. But does that protection apply equally to white, male, or...more
The U.S. Court of Appeals for the Sixth Circuit has ruled that the waiver of a State's immunity under Title V of the Americans with Disabilities Act (ADA) is unconstitutional. This ruling permits a State to defend a Title V...more
“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation...more
5/14/2024
/ Anti-Discrimination Policies ,
Appeals ,
Employment Litigation ,
Hiring & Firing ,
MI Supreme Court ,
Protected Activity ,
Retaliation ,
Reversal ,
SCOTUS ,
Termination ,
Third-Party ,
Third-Party Relationships
Federal law prohibits employers from relying on certain protected statuses (race, color, religion, sex, or national origin) when making employment decisions. Lower courts have required employees suing employers to point to a...more
4/23/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
When has a party waived its contractual right to arbitrate? Until recently, most federal Courts of Appeal—including the Sixth Circuit— held that a party who participates in litigation (e.g., by serving and responding to...more
Can a collective bargaining agreement (CBA) limit the authority of a labor arbitrator to determine the appropriateness of a disciplinary punishment? It can, but only when the CBA clearly says so, reiterated the Michigan Court...more
1/4/2024
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Arbitrators ,
Code of Conduct ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Disciplinary Proceedings ,
Employment Litigation ,
Just Cause ,
Reinstatement
On December 5, 2023, the U.S. Court of Appeals for the Sixth Circuit ruled that emeritus status does not necessarily create a constitutionally protected property interest. Peterson v Johnson, _F.4th_, 2023 WL 8431635 (for...more
12/7/2023
/ Bylaws ,
Corporate Governance ,
Due Process ,
Educational Institutions ,
Employment Litigation ,
Grievance Process ,
Policies and Procedures ,
Professors ,
School Policies ,
Teachers ,
Universities
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
6/9/2021
/ Appeals ,
Civil Rights Act ,
EEO ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Protected Activity ,
Public Policy ,
Retaliation ,
Reversal ,
Summary Judgment ,
Title VII ,
Wrongful Termination