Seyfarth Synopsis: In Easom v. US Well Servs., No. 21-20202, 2022 U.S. App. LEXIS 16556 (5th Cir. June 15, 2022), the employer defendant invoked the WARN Act’s “natural disaster” exception when it conducted mass layoffs in...more
Seyfarth Synopsis: While businesses have shifted their operations to digital platforms over the last few decades, the COVID-19 pandemic has greatly accelerated the transformation of the workplace. One area where employers...more
Seyfarth Synopsis: Following the EEOC’s down 2020 fiscal year, in which the Commission made significant changes to many of its programs in the midst of the global COVID-19 pandemic and leadership changes, in FY 2021 the...more
Seyfarth Synopsis: In an EEOC-initiated pregnancy discrimination lawsuit, a federal district court in Florida granted in part and denied in part the employer’s motion for summary judgment, finding there were several genuine...more
Seyfarth Synopsis: In EEOC v. Schuster Co., No. 13-CV-4063, 2021 U.S. Dist. LEXIS 79815 (N.D. Iowa Apr. 13, 2021), the EEOC alleged that Defendant’s use of a strength test had disparate impact on female job applicants for...more
Seyfarth Synopsis: In a recent ruling out of the U.S. District Court for the Middle District of Florida, the Court denied approval of a consent decree agreed upon by the EEOC and a defendant, taking issue with the decree’s...more
Seyfarth Synopsis: In a landmark decision for gay and transgender employees, the U.S. Supreme Court held in Bostock v. Clayton County, Georgia, No. 17-1618, 2020 U.S. LEXIS 3252 (June 15, 2020), that Title VII prohibits...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Seyfarth Synopsis: In an EEOC-initiated religious discrimination suit involving an employer’s alleged imposition of “Onionhead” religious practices, a federal district court in New York recently denied the employer’s motion...more
3/11/2020
/ Civil Rights Act ,
Compensatory Damages ,
Corporate Culture ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Punitive Damages ,
Religious Accommodation ,
Religious Discrimination ,
Title VII ,
Wellness Programs
Seyfarth Synopsis: The Illinois Supreme Court recently affirmed a state appellate court’s holding that in class action lawsuits, an effective tender made before a named plaintiff files a class certification motion satisfies...more
2/28/2020
/ Attorney's Fees ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Federal Rules of Civil Procedure ,
IL Supreme Court ,
Mootness ,
Real Estate Market ,
Rental Property ,
Statutory Violations ,
Tender Rules
Seyfarth Synopsis: In Ituah, et al. v. Austin State Hospital, a federal magistrate judge in Texas recently recommended the denial of a motion for class certification brought by patients alleging disability discrimination...more
1/16/2020
/ Americans with Disabilities Act (ADA) ,
Class Action ,
Class Certification ,
Class Members ,
Disability Discrimination ,
Discovery ,
Employer Liability Issues ,
FRCP 23 ,
FRCP 23(a) ,
FRCP 23(b)(2) ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Lost Evidence ,
Numerosity ,
Psychiatric Hospitals ,
Rape ,
Reasonable Accommodation ,
Rehabilitation Act ,
Section 504 ,
Sexual Assault
Seyfarth Synopsis: In an EEOC disability discrimination lawsuit alleging that an employer failed to accommodate and then wrongfully terminated a laundry technician with anxiety, the U.S. District Court for the Middle District...more
Seyfarth Synopsis: In the latest battle of the multi-year showdown between the State of Texas and the EEOC – whereby Texas asserted that the EEOC’s 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction...more
8/12/2019
/ Administrative Procedure Act ,
Article III ,
Ban the Box ,
Civil Rights Act ,
Conditional Job Offers ,
Criminal Background Checks ,
Declaratory Judgment Act ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Standing ,
Title VII
Seyfarth Synopsis: After a federal magistrate judge in California ordered the EEOC to provide written discovery responses relative to the substance its pre-suit investigation of a sex discrimination charge in EEOC v. Chipotle...more
8/8/2019
/ Adverse Employment Action ,
Chipotle Grill ,
Civil Monetary Penalty ,
Depositions ,
Discovery ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Evidence ,
Hiring & Firing ,
Pre-Suit Investigation ,
Retaliation ,
Sex Discrimination ,
Title VII
Seyfarth Synopsis: Over the last few years, Illinois companies have quickly become aware of the risks associated with the state’s unique biometric privacy law. Originally passed in 2008, the Illinois Biometric Information...more
7/2/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Employment Litigation ,
Facial Recognition Technology ,
Fingerprints ,
Personal Data ,
Personally Identifiable Information ,
Popular
Seyfarth Synopsis: A federal district court in Arkansas recently denied an employer’s motion for summary judgment on two EEOC-initiated ADA claims – in EEOC v. Crain Automotive Holdings LLC, No. 4:17-CV-627, 2019 U.S. Dist....more
Seyfarth Synopsis: A federal district court in Kansas recently granted the EEOC’s motion for judgment on the pleadings in an ADA lawsuit brought against UPS and an employee union...more
8/10/2018
/ Americans with Disabilities Act (ADA) ,
Collective Bargaining Agreements (CBA) ,
Compensation & Benefits ,
Corporate Counsel ,
Delivery Drivers ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Judgment on the Pleadings ,
Medical Evaluation Reports ,
Reasonable Accommodation ,
Unions ,
UPS ,
Wage and Hour
Seyfarth Synopsis: In an EEOC-initiated systemic lawsuit alleging that a senior living and nursing facility operator violated the Americans With Disabilities Act (“ADA”) by failing to offer employees light duty as a...more
A federal district court in Maryland recently denied in part an employer’s motion to dismiss a race discrimination action brought on behalf of African-born security guards by the EEOC, and instead granted the EEOC’s motion to...more
5/24/2018
/ Civil Rights Act ,
Corporate Counsel ,
Disparate Treatment ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hostile Environment ,
Motion to Dismiss ,
National Origin Discrimination ,
Race Discrimination ,
Title VII
Seyfarth Synopsis: In an Equal Pay Act collective action lawsuit brought by female school crossing guards against the City of New York, who alleged they were paid less than male traffic enforcement agents, a federal district...more
5/7/2018
/ Class Action ,
Collective Actions ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Labor Law Violations ,
NYCHRL ,
NYSHRL ,
State Labor Laws ,
Wage and Hour
Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement...more
3/15/2018
/ ADEA ,
Age Discrimination ,
But For Causation ,
Civil Rights Act ,
Class Action ,
Class Certification ,
Disparate Treatment ,
Educational Institutions ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Law Violations ,
State and Local Government ,
State Labor Laws ,
Summary Judgment ,
Title VII
Seyfarth Synopsis: In a showdown between the State of Texas and the EEOC – whereby Texas alleged that the EEOC’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title...more
2/28/2018
/ Adjudicatory Process ,
Ban the Box ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Declaratory Judgments ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Felons ,
Hiring & Firing ,
Job Applicants ,
Motion To Enjoin ,
Ripeness ,
State and Local Government ,
Summary Judgment
Seyfarth Synopsis: In a class action asserting claims for breach of contract, unjust enrichment, and statutory fraud in regards to the sale of general-use, pre-paid gift cards, the Seventh Circuit affirmed the final approval...more
12/21/2017
/ American Express ,
Appeals ,
Attorney's Fees ,
Breach of Contract ,
Class Action ,
Employer Liability Issues ,
Fraud ,
Legal Costs ,
Prepaid Payment Products ,
Settlement Agreements ,
Unjust Enrichment
Seyfarth Synopsis: In an ADEA action brought by the EEOC alleging that the New Mexico Department of Corrections failed to promote correctional officers over the age of 40, a federal district court in New Mexico denied the...more
12/8/2017
/ ADEA ,
Age Discrimination ,
Civil Rights Act ,
Department of Corrections ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Promotions ,
Strategic Enforcement Plan ,
Title VII
Seyfarth Synopsis: In an ADA action alleging that a maker of train components discriminated against a group of applicants by regarding them as disabled, a federal district court in Illinois granted the EEOC’s partial motion...more
12/8/2017
/ Americans with Disabilities Act (ADA) ,
Conditional Job Offers ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
Railroads ,
Summary Judgment
Seyfarth Synopsis: After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former employee for allegedly breaching a settlement agreement by filing an EEOC...more
9/20/2017
/ Breach of Contract ,
Colleges ,
Corporate Counsel ,
Defense Strategies ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Interference Claims ,
Mootness ,
Retaliation ,
Settlement Agreements