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Anti-Discrimination Policies Adverse Employment Action Employment Litigation

Kelley Drye & Warren LLP

Recent Settlement Latest in Developing Trend in Reverse Discrimination Cases

It was announced on July 7 that IBM had resolved a former consultant’s ​“reverse” discrimination claim for an undisclosed sum, closing the door on his Title VII race and sex discrimination lawsuit. This settlement is yet...more

McDermott Will & Schulte

SCOTUS Clarifies Standard for Evaluating “Reverse” Discrimination

On June 5, 2025, the Supreme Court of the United States resolved the split among federal circuits and held that the same standard used to evaluate claims under Title VII of the Civil Rights Act of 1964 applies to all...more

Conn Maciel Carey LLP

[Webinar] The Latest in Employment Discrimination Laws - December 12th, 1:00 pm EST

Conn Maciel Carey LLP on

Employment discrimination in the workplace is alive and well. Indeed, according to Monster’s recent Workplace Discrimination Poll, only 9% of workers claim to have NOT faced some form of workplace discrimination. There have...more

ArentFox Schiff

Do No Harm: SCOTUS Makes it Easier for Employees to Succeed on Discrimination Claims Based on Internal Job Transfers

ArentFox Schiff on

When transferring an employee or making changes to their job duties, employers now face an increased risk of claims under Title VII. On April 17, the US Supreme Court unanimously held that plaintiffs alleging discrimination...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more

Littler

Second Circuit Rejects Claim of Employee Fired for Refusing to Attend Training Session on LGBTQ Bias

Littler on

The U.S. Court of Appeals for the Second Circuit has rejected an employee’s claim that he was unlawfully discriminated against based on religion after he refused to attend mandatory LGBTQ anti-discrimination trainings. In...more

Smith Anderson

Employee Transfers May Be Considered 'Adverse Actions': Fourth Circuit Provides Guidance

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Employers should be aware of the risk of liability under anti-discrimination and anti-retaliation statutes when transferring employees to other positions. A recent decision of the U.S. Court of Appeals for the Fourth...more

Parker Poe Adams & Bernstein LLP

Failure to Accommodate Supports Employee's Claim Even Without Adverse Action

The Americans with Disabilities Act requires employers to provide reasonable accommodations to employees with protected disabilities. Another part of the ADA requires employers to refrain from discriminating against disabled...more

FordHarrison

New Jersey's Supreme Court Upholds Reinstatement of Medical Cannabis User's Claim Under the New Jersey Law Against Discrimination

FordHarrison on

On March 10, 2020, the New Jersey Supreme Court affirmed the reinstatement of a disability discrimination lawsuit filed by a medical cannabis cardholder against his former employer, after he was fired for failing a...more

McNees Wallace & Nurick LLC

And the “Hits” Just Keep on Coming . . . Updates in the World of Medical Marijuana and the Workplace

What’s new in the world of medical marijuana, as it impacts your workplace? Quite a bit, actually. Here is the rundown. PA Medical Marijuana Act – Anxiety and Tourette’s Syndrome Added to List of Serious Medical...more

McDermott Will & Schulte

Courts Are Siding with Employees Who Use Medical Marijuana

Marijuana, a Schedule 1 drug under the federal Controlled Substances Act (CSA), is the most commonly detected illicit drug in employment drug testing. According to Quest Diagnostics, in 2018, approximately 3% of urine-based...more

McNees Wallace & Nurick LLC

Medical Marijuana Update – Delaware Court expands protections for employees’ off-duty use of medical marijuana

At the end of 2018, the Superior Court of Delaware held that a terminated employee could proceed with his lawsuit, alleging that his employer terminated him for being a medical marijuana cardholder....more

Fisher Phillips

How to Avoid An “Absolut” Disaster When Managing Worker Medical Restrictions

Fisher Phillips on

When a medical or mental condition prevents an employee from working at full capacity, the situation can quickly become complicated for everyone, including the employee, human resources leaders, and well-intentioned...more

Genova Burns LLC

PUMA Provision Provides Powerful Position for Prospective Employee in Connecticut Medical Marijuana Case

Genova Burns LLC on

The magical mystery tour of medical marijuana-related employment litigation continued earlier this month with a decision out of the U.S. District Court for the District of Connecticut in the case of Noffsinger v. SSC Niantic...more

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