Mental health is the latest emergent issue for employers due to recent events such as the ongoing COVID-19 pandemic, resulting recession and other factors like the perpetual display of racial injustices in the...more
2/4/2022
/ American Rescue Plan Act of 2021 ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
Mental Health ,
Risk Mitigation
On a matter of first impression, the U.S. Eleventh Circuit, in Durham v. Rural/Metro Corp., applied the test for indirect evidence of intentional pregnancy discrimination enunciated by the U.S. Supreme Court in Young v. UPS....more
5/8/2020
/ Appeals ,
Disparate Treatment ,
Equal Employment Opportunity Commission (EEOC) ,
Evidence ,
Indirect Discrimination ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Remand ,
Reversal ,
Summary Judgment ,
Unpaid Leave ,
Young v United Parcel Service
On April 3, 2020, a three-judge panel of the U.S. Fifth Circuit in EEOC v. Vantage Energy Services, Inc., No. 19-20541, clarified its interpretation of the relate-back doctrine for administrative charges. The Fifth Circuit...more
4/16/2020
/ Administrative Procedure ,
Administrative Remedies ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dismissal With Prejudice ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Exhaustion Doctrine ,
Hiring & Firing ,
Relate Back Doctrine ,
Reversal ,
Technical Standards
In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit recently held that the reasonable accommodation standard under the ADA “only requires an employer allow a disabled person to compete equally with the rest of the world...more
A well-drafted anti-sexual harassment policy and complaint procedure can provide useful defenses for employers defending against claims of sexual harassment. However, a recent decision from the Fifth Circuit should remind...more
7/26/2016
/ Anti-Harassment Policies ,
Appeals ,
Complaint Procedures ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Faragher/Ellerth defense ,
Hostile Environment ,
Internal Communications ,
Internal Investigations ,
Reversal ,
Sexual Harassment