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Discrimination › Appeals › Corporate Counsel

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Bradley Arant Boult Cummings LLP

Better Late Than Never? Not in the 5th Circuit: Delayed Action on Accommodation May Be ADA Violation

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Earlier this month, in Strife v. Aldine Independent School District, the Fifth Circuit Court of Appeals held that an employer’s delayed accommodation of an employee’s disability could amount to a failure to accommodate under...more

Parker Poe Adams & Bernstein LLP

Supreme Court to Hear Reverse Discrimination Appeal

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A few months ago, we published an alert noting that the U.S. Supreme Court had agreed to hear Ames v. Ohio Department of Youth Services. The case addresses whether plaintiffs alleging reverse discrimination under Title VII...more

Holland & Hart LLP

Tenth Circuit Weighs in on Reductions in Force: Takeaways for Employers

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The Tenth Circuit affirmed summary judgment in favor of Spirit AeroSystems in a discrimination case related to a 2013 reduction-in-force (RIF). The plaintiffs had alleged that the company targeted older workers in a...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Cautions Employers on Deciding Legitimacy of Workers' Religious Beliefs

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During the COVID-19 pandemic, many employers established internal procedures to evaluate employees' requests for religious and medical-based exemptions from vaccination mandates. ...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

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If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Seyfarth Shaw LLP

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

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Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more

Fisher Phillips

State Appeals Court Expands Scope Of NYC’s Marital Status Discrimination Law

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The scope of New York City’s marital status discrimination law was just expanded by a state appeals court, meaning that employers need to be even more wary when it comes to any workplace decisions taken on the basis of who...more

Seyfarth Shaw LLP

New Jersey Court Expands Coverage: New Jersey Law Against Discrimination May Apply to Telecommuter Located in Massachusetts

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Seyfarth Synopsis: On April 2, 2018, the New Jersey Appellate Division reversed an order granting summary judgment to Defendant Legal Cost Control, Inc., finding that New Jersey’s Law Against Discrimination (LAD) may apply to...more

Seyfarth Shaw LLP

Failure to Investigate and Fat-Shaming Permit Employment Claims to Proceed

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Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more

Rumberger | Kirk

Eleventh Circuit Rules that Title VII Does Not Prohibit Sexual Orientation Discrimination

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On March 10, 2017, a three-judge panel of the U.S. Eleventh Circuit Court of Appeals held in Evans v. Georgia Regional Hospital that Title VII does not prohibit discrimination on the basis of sexual orientation. Accordingly,...more

Fisher Phillips

2nd Circuit Reaffirms Limitations On Statistical Evidence In Pay Equity Cases

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As pay equity litigation heats up across the country, the 2nd Circuit Court of Appeals issued a January 26 decision that should help employers in New York, Connecticut, and Vermont combat claims brought under the federal Pay...more

Bradley Arant Boult Cummings LLP

School of Hard (Dread) Locks: EEOC Loses Appeal Over Hairstyle Ban

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Last week the Eleventh Circuit Court of Appeals affirmed a lower court’s dismissal of a case the EEOC filed over a job applicant’s short dreadlocks. In 2010, Chastity Jones, an African American, applied for a position with...more

Seyfarth Shaw LLP

“Convincing Mosaic” Busted: Seventh Circuit Shatters Summary Judgment Standard for Discrimination Claims

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Seyfarth Synopsis: In a recent decision, the Seventh Circuit clarifies that plaintiffs need not present a “convincing mosaic” of direct or indirect evidence of discrimination to withstand summary judgment. Rather, the...more

Parker Poe Adams & Bernstein LLP

Supreme Court Agrees to Review EEOC's Obligation to Pay Employer's Attorneys Fees

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Over the past several years, the Equal Employment Opportunity Commission has taken a decidedly more aggressive position with regard to litigation against employers accused of discrimination. The EEOC has brought a number of...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Finds Possible Pretext in Vague Justification for Non-Transfer

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On July 14th, the U.S. Court of Appeals for the Second Circuit vacated an award of summary judgment for the defendants in Abrams v. Department of Public Safety, State of Connecticut, et al., Case No. 13-111, holding that...more

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