News & Analysis as of

Corporate Counsel › Adverse Employment Action › Employees

Constangy, Brooks, Smith & Prophete, LLP

Can you take action against an employee for being a pain in the you-know-what?

Constangy, Brooks, Smith & Prophete, LLP on

At least one court says yes. True confession: When I was a little future lawyer, I was sometimes a pain. (So, Robin, you’re saying your personality hasn't changed in all these years?) When I was being especially “high...more

Seyfarth Shaw LLP

White Employee Fired Amidst Corporate Diversity Initiative Wins Discrimination Claim But Loses Multi-Million Dollar Punitive...

Seyfarth Shaw LLP on

Plaintiff, a white man, was a strong performer in his role before he was fired and replaced by three women, two of whom were racial minorities, amid a Diversity and Inclusion initiative that included a call to restructure the...more

Littler

Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims

Littler on

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

Littler

Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claims

Littler on

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

Lerch, Early & Brewer

New Rule Will Limit DC Employers’ Ability to Crack Down on Employee Cannabis Use

Lerch, Early & Brewer on

DC employers will no longer be able to take adverse action against employees for certain cannabis use. The new rules are part of the Cannabis Employment Protections Amendment Act, which was passed by the DC Council then...more

Littler

EEOC Issues Guidance on Use of Artificial Intelligence Tools in Employment Selection Procedures Under Title VII

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On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”), the federal agency charged with administering federal civil rights laws (including Title VII of the Civil Rights Act, the Americans...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

Bradley Arant Boult Cummings LLP

Everybody’s Working on the Weekend (Well, Not Everybody) — Fifth Circuit Holds Differing Weekend Attendance Policy Not a Final...

Bradley Arant Boult Cummings LLP on

An employer establishes a weekend work policy where only male employees can take both days off, and female employees can only take one weekend day off. Sounds like gender discrimination maybe? Well, in Hamilton, et al. v....more

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