News & Analysis as of

Burden of Proof Employer Liability Issues Corporate Counsel

Venable LLP

Pay Equity Pitfalls: Varying Standards for "Equal Work" and Valid Comparators in Pay Equity Litigation

Venable LLP on

The Equal Pay Act of 1963 (the EPA) and related state laws require employers to pay men and women equally for equal work. ...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Recognizes 'Equal Opportunity Harasser' Defense

We often hear claims from employees who threaten to sue their employer for creating a “hostile work environment.” When we dig into the complaints, often the employee is alleging that their manager is mean or unfair to them,...more

Fisher Phillips

California Enacts Workers’ Compensation Presumption That Applies To Most Employers With COVID-19 “Outbreaks”

Fisher Phillips on

California Governor Gavin Newsom just signed legislation that establishes a workers’ compensation presumption that will apply to most employers in the state that have a COVID-19 “outbreak” through 2022 – meaning it is much...more

Fisher Phillips

Supreme Court Makes It Easier For Federal Workers To Prove Age Discrimination

Fisher Phillips on

In an 8-to-1 decision, the U.S. Supreme Court just made it easier for federal employees and applicants to prove age discrimination by ruling that courts should not apply a heightened causation standard in such cases. By...more

Fisher Phillips

5 Things You Need To Know About The Labor Board’s New Joint Employment Rule

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The National Labor Relations Board just published a final rule that will soon fundamentally alter the definition of joint employment, making it more difficult for businesses to be held legally responsible for alleged labor...more

Fisher Phillips

Federal Appeals Court Says Extreme Obesity Alone Is Not Enough For ADA Coverage

Fisher Phillips on

A federal Court of Appeals just ruled that extreme obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under the ADA. Under the 7th Circuit’s June 12 ruling, proof that...more

Parker Poe Adams & Bernstein LLP

Prior Sexual Harassment Does Not Ease Plaintiff's Burden of Showing Hostile Work Environment

Employers sometimes struggle determining appropriate disciplinary action in the event of relatively low level sexual harassment. Many companies take a no tolerance approach, concluding that keeping the harasser employed makes...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Requires Individual Analysis of "Me Too" Discrimination Evidence

In order to reach a jury trial, plaintiffs in employment discrimination claims generally must provide evidence of intentional treatment that led to some adverse employment consequences. In some cases, plaintiffs attempt to...more

Littler

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Littler on

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

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

California Supreme Court Takes a Stand on Employers' Obligations to Provide Seating

On April 4, 2016, the Supreme Court of California ruled on employers’ obligations, under certain circumstances, to provide seating for employees under Industrial Welfare Commission Wage Order No. 7-2001, which states that...more

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