News & Analysis as of

Civil Rights Act Motion to Dismiss

Jackson Lewis P.C.

Timing Is Everything: SCOTUS Shuts Down Retiree’s ADA Post-Employment Benefits Claim

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Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more

Parker Poe Adams & Bernstein LLP

Supreme Court Denies Review of Statute of Limitations for Section 1981 Discrimination Claims

On June 2, 2025, the U.S. Supreme Court rejected the appeal of a Fifth Circuit Court of Appeals decision interpreting the limitations period for filing lawsuits under Section 1981 of the Civil Rights Act of 1866. ...more

Seyfarth Shaw LLP

Finding Religion on a Motion to Dismiss: Federal Court Concludes that Plaintiff’s Secular Concerns About COVID Vaccines Do Not...

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In a dispute over workplace vaccination requirements, a federal district court in Oregon joined a growing trend in workplace vaccination litigation when it ruled that a plaintiff’s allegations of religious conflict with...more

Jackson Lewis P.C.

Moving Forward: District Court Denies Religious University’s Motion to Dismiss Transgender Ex-Employee’s Title VII Suit

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The U.S. District Court for the Western District of Virginia denied Liberty University’s motion to dismiss a federal lawsuit brought by a former employee who alleges that Liberty violated Title VII of the Civil Rights Act...more

Proskauer - Law and the Workplace

Job Applicant’s Algorithmic Bias Discrimination Lawsuit Survives Motion to Dismiss

In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue...more

Constangy, Brooks, Smith & Prophete, LLP

Diversity has no boundaries: The short-lived discrimination lawsuit against NYU Law Review

Diversity efforts are not synonymous with discrimination. A first-year law student at New York University, identified as Plaintiff John Doe, sued the institution in October 2023, challenging the selection process for...more

Ballard Spahr LLP

Walden University Agrees to Proposed Settlement to Resolve Reverse Redlining Claims

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On March 28, 2024, four former Walden University students (“Plaintiffs”) filed a proposed settlement both individually and on behalf of a putative class of current and former Walden University (“Walden”) students with the...more

Tucker Arensberg, P.C.

Federal Court Rules That Plaintiff’s Claims of Sex Discrimination Against a School District Were Sufficiently Pled

Tucker Arensberg, P.C. on

Colavecchia v. South Side Area Sch. Dist., No. 2:22-CV-01804-CCW, 2023 U.S. Dist. LEXIS 70461 (W.D. Pa. April 21, 2023). The United States District Court for the Western District of Pennsylvania denied South Side Area School...more

Littler

The Fifth Circuit Announces New Standard for Pleading a Title VII Claim

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The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision" to properly allege a disparate treatment claim. Applying a strict...more

Snell & Wilmer

Arizona District Court Finds Tribally Co-Owned Wireless Provider Not Entitled to Sovereign Immunity

Snell & Wilmer on

In an order filed on June 27, 2023, the Arizona District Court determined that a wireless provider co-owned by the Navajo Nation was not immune from suit in federal court. In Tsosie v. N.T.U.A. Wireless LLC, et al.,...more

Lewitt Hackman

Franchisor 101: Salon Franchisor Weaved into Joint Employment Claims

Lewitt Hackman on

A Michigan federal district court denied a franchisor’s motion to dismiss claims under Title VII of the Civil Rights Act of 1964 and Michigan law, and claims alleging retaliatory termination and sexually hostile work...more

Seyfarth Shaw LLP

Federal Court Denies Employer’s Motion To Dismiss EEOC-Initiated Sexual Harassment Lawsuit

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Seyfarth Synopsis: In EEOC v. Konos, Inc., Case No. 1:20-CV-973 (W.D. Mich. June 3, 2021), the EEOC filed a lawsuit on behalf of a claimant against her employer, alleging it subjected to her to a hostile work environment and...more

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

Louisiana Court Rules Jones Act Claim for Mental Injury Can Proceed in Light of Noose in Maritime Workplace

Recently, the Louisiana Court of Appeal, First Circuit, in Thompson v. Cenac Towing Co., L.L.C., analyzed a trial court’s grant of summary judgment in a company’s favor after a noose-like rope was found hanging in a maritime...more

Genova Burns LLC

The Devil is in the Details: NJ District Court Demands Details of Sexual Harassment to Defeat Motion to Dismiss

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On April 12, 2021, the New Jersey District Court for the District of New Jersey in Spence v. New Jersey, et al., granted in part and denied in part a motion to dismiss an employee’s sexual harassment and retaliation claims...more

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

Texas Discrimination Laws Protect Intention to Become Pregnant, State Court Rules

The Texas Commission on Human Rights Act (TCHRA) prohibits discrimination in employment based on sex. The state law defines “sex discrimination” to include “discrimination because of or on the basis of pregnancy, childbirth,...more

Rivkin Radler LLP

The Employment Law Reporter - February 2021

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed the dismissal of an employment discrimination lawsuit. •A mediation agreement that...more

Seyfarth Shaw LLP

Exclusion for Gender Reassignment Surgery May Violate Title VII and the Equal Protection Clause

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Seyfarth Synopsis: On December 23, 2019, District Judge Rosemary Marquez ruled, in connection with a motion to dismiss, that Title VII does protect discrimination based on a person’s transgender status, and that a health...more

Hinshaw & Culbertson LLP

Federal Court Allows ADEA Disparate Impact Claims over Employer Policies to Proceed

Ever since the Supreme Court's 2005 decision in Smith v. City of Jackson, plaintiff employment lawyers have struggled with how best to assert a viable claim of disparate impact age discrimination. The concept of disparate...more

Seyfarth Shaw LLP

Exclusion for Gender Reassignment Surgery May Disadvantage a “Suspect Class”

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Seyfarth Synopsis: In Toomey v. U of Arizona, No. 19-35 (D. Ar. June 24, 2019), the Magistrate Judge determined on a motion to dismiss that Title VII does not prohibit discrimination based on a person’s transgender status. ...more

Bradley Arant Boult Cummings LLP

The Italian Job: Fifth Circuit Confirms Pleading Standard for National Origin Discrimination Claim

Employment law is full of burden-shifting, prima facie standards and evidentiary hurdles. Sometimes, even the courts apply the wrong standard at the wrong stage of a case. That appears to be what happened in the case of...more

Seyfarth Shaw LLP

California Court Dismisses Deficient Disability Claims In EEOC-Initiated Systemic Action

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Seyfarth Synopsis: In an EEOC-initiated systemic lawsuit alleging that a senior living and nursing facility operator violated the Americans With Disabilities Act (“ADA”) by failing to offer employees light duty as a...more

Seyfarth Shaw LLP

Dismissal Denied In EEOC Race Discrimination Action Against Security Company

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A federal district court in Maryland recently denied in part an employer’s motion to dismiss a race discrimination action brought on behalf of African-born security guards by the EEOC, and instead granted the EEOC’s motion to...more

Seyfarth Shaw LLP

VII Before IX: Continuing Saga in Harassment Claim Preemption

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Seyfarth Synopsis: A recent decision by the U.S. District Court for the Eastern District of Texas, part of the Fifth Circuit Court of Appeals, reaffirmed a growing circuit split regarding whether Title VII of the Civil Rights...more

Troutman Pepper Locke

An Employer’s Duty To Accommodate Not So-Common Religious Practices

Troutman Pepper Locke on

Q. An employee has requested that the company give her an accommodation due to a religious practice I have never heard of. Do we have to comply with this request? A. Title VII of the Civil Rights Act of 1964 protects...more

Seyfarth Shaw LLP

Keys To Successor Liability: EEOC Discrimination Suit In Alabama

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Seyfarth Synopsis: An Alabama district court granted a temporary staffing company’s motion to dismiss all claims in one of the EEOC’s most high-profile lawsuits asserting hiring discrimination and abuse of vulnerable workers....more

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