Terminating an employee can be one of the most consequential decisions an employer can make. The best way to mitigate risk? Honesty....more
As the summer comes into full swing and many employees take time off to enjoy summer vacation, the same cannot be said for employers. It has been no secret that private sector diversity, equity and inclusion (DEI) programs...more
The Supreme Court is likely to soon rule that majority-group plaintiffs must meet the same pre-trial evidentiary burden applicable to minority-group plaintiffs – and nothing more – in workplace discrimination claims under...more
The Puerto Rico Supreme Court has issued an opinion interpreting, for the first time, several provisions of the Puerto Rico Labor Reform Act of 2017, specifically holding the McDonnell Douglas burden-shifting framework...more
A California appellate court recently held that a burden shifting process did not apply to an employment discrimination claim where the plaintiff had not alleged discrimination on the basis of race. Quesada v. County of Los...more
The McDonnell Douglas burden-shifting framework used to evaluate employment discrimination claims may not be permanently cast aside, but a recent decision reminds us that it is not the only means through which employees can...more
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
On June 1, 2018, the U.S. Court of Appeals for the Eleventh Circuit in Jefferson v. Sewon America, Inc., No. 17-11802, held that the McDonnell Douglas burden-shifting framework does not apply to discrimination claims where...more
The Board is now operating at a full complement and is issuing decisions on a fairly regular basis. Nothing earth shattering in terms of law (which is kind of a relief) but there are some interesting issues worth discussing....more
New regulations under the California Fair Employment and Housing Act (FEHA) take effect on July 1, 2017, which relate to an employer's consideration of California applicant/employee criminal histories when making employment...more
Bass, Berry & Sims attorney Chris Lazarini examined a case where Plaintiff, a 61-year-old female bank employee, sufficiently pleaded constructive discharge in support of her employment discrimination claims where she was...more
In the past, we have counseled our clients on steps they can take to avoid creating a “convincing mosaic” of employment discrimination. The Seventh Circuit Court of Appeals first discussed the convincing mosaic of...more
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
Seyfarth Synopsis. The Eleventh Circuit clarifies the framework in mixed-motive cases. Although damages are limited, a plaintiff can establish a mixed-motive claim by showing a protected characteristic was a motivating factor...more
Last week, the Massachusetts Supreme Judicial Court issued a seminal ruling in Bulwer v. Mt. Auburn, which clarified the type of evidence an employment discrimination plaintiff needs to defeat a summary judgment motion. In...more
In 2013, the Supreme Court of the United States held that plaintiffs claiming retaliation under Title VII must prove that “but for” the retaliation they would not have been discharged. University of Texas Southwestern Medical...more