The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases.
On December 12,...more
1/3/2024
/ Adverse Employment Action ,
Burden-Shifting ,
Civil Rights Act ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
McDonnell Douglas Formula ,
Race Discrimination ,
Sex Discrimination ,
Title VII
The U.S. Court of Appeals for the Eleventh Circuit, in Beasley v. O’Reilly Auto Parts, recently held that a claim for failure-to-accommodate under the Americans with Disability Act (ADA) must include an adverse employment...more
8/15/2023
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Failure to Accommodate ,
Labor Law Violations ,
Reasonable Accommodation ,
Statutory Violations
On April 1, 2022, the U.S. Court of Appeals for the Eleventh Circuit, in Brown v. Nexus Business Solutions, LLC affirmed a district court’s decision that business development managers who solicited and sold General Motors...more
4/12/2022
/ Administrative Exemption ,
Appeals ,
Automotive Industry ,
Business Development ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
General Motors ,
Labor Regulations ,
Motor Vehicles ,
Over-Time ,
Wage and Hour
Work does not always occur within the physical confines of a workplace. Indeed, due to the interconnectivity of today’s world, work often takes place in the digital space, where employees regularly use pictorial icons and...more
3/23/2022
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Civil Rights Act ,
Electronic Communications ,
Emoji ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Hostile Environment ,
Sexual Harassment ,
Title VII
Late last month, the Florida Supreme Court codified into Florida Rule of Civil Procedure 1.280(h) the “apex doctrine” and declared the doctrine applies with equal force to high-ranking corporate and government officials....more
9/16/2021
/ Apex Doctrine ,
CEOs ,
Corporate Executives ,
Depositions ,
Discovery ,
Employment Litigation ,
FL Supreme Court ,
Florida ,
Government Officials ,
Litigation Strategies ,
Rules of Civil Procedure
The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion concerning the Title VII retaliation protections afforded to third parties. Tolar v. Bradley Arant Boult Cummings, LLP, No. 19-11546 (11th Cir. May...more