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Discrimination › Retaliation › Employment Discrimination

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 -
Whiteford

Employment Law Update: Federal Judge Rules Attorney Was Fired for Legitimate Workplace Behavior Concerns, not Due to Alleged...

Whiteford on

A recent decision from the U.S. District Court for the Western District of Washington highlights the importance of clear, documented reasons for employee terminations. In Kang v. The Boeing Company, a case involving a former...more

Constangy, Brooks, Smith & Prophete, LLP

Mandatory referral to EAP may be "adverse action," court says

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"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more

Proskauer - California Employment Law

Employee Who Refused To Return To Work After COVID Was Not Disabled

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Allos v. Poway Unified Sch. Dist., 2025 WL 1864797 (Cal. Ct. App. 2025) - Kheloud Allos sued her former employer, the Poway Unified School District, for alleged violations of the FEHA and the Labor Code based on the...more

Amundsen Davis LLC

Key Takeaways - Terminating the Problem Employee

Amundsen Davis LLC on

In our recent webcast, “Terminating the Problem Employee," the Labor & Employment team shared key considerations for employers looking to terminate a “problem employee” while avoiding controversy and litigation. Below are our...more

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Constangy, Brooks, Smith & Prophete, LLP on

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Tarter Krinsky & Drogin LLP

Action Required for NY State Employers Under New York’s Reproductive Health Bias Law (the “Act”)

Tarter Krinsky & Drogin LLP on

New York State’s Reproductive Health Bias Law (the “Act”) has been reinstated following a Second Circuit ruling. The Act, found in Section 203-e of New York State’s Labor Law, prohibits discrimination based on an employee’s...more

Dorsey & Whitney LLP

EEOC and DOJ Issue Joint Press Release and Technical Assistance Documents on “Unlawful DEI-Related Discrimination”

Dorsey & Whitney LLP on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) issued a joint press release announcing the release of two technical assistance documents designed to...more

McAfee & Taft

Reservist’s claim that employer was anti‑military goes down in flames

McAfee & Taft on

The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employment discrimination and retaliation based on an employee’s military status or obligations. If an individual’s military status or their...more

Clark Hill PLC

When a University Investigates and Punishes a Male Student, but Not Female Students, for Spreading False Rumors of Sexual...

Clark Hill PLC on

In a lawsuit filed against Vanderbilt University by a male student who was disciplined for spreading rumors about alleged sexual misconduct by another male student, a federal district court allowed the plaintiff to pursue...more

Jackson Lewis P.C.

FAA Preempts New Jersey’s Implied Restriction On Use Of Arbitration Agreements, Court Finds

Jackson Lewis P.C. on

To the extent that it attempted to limit the prospective waiver of procedural rights in favor of arbitration or other alternative dispute resolution, the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD) is...more

Bradley Arant Boult Cummings LLP

Less May Actually Mean More: EEOC Stats on 2020 Filings

Bradley Arant Boult Cummings LLP on

The EEOC has released its annual report on discrimination charges filed across the country for the fiscal year 2020. So, how does the data line up with the 2019 data...more

U.S. Equal Employment Opportunity Commission...

Teamsters Local Union No. 455 Pays $153,000 To Resolve EEOC Discrimination Class Finding

U.S. Equal Employment Opportunity Commission... on

DENVER - Teamsters Local Union No. 455, which has locations in Denver and Fort Morgan, Colo., has agreed to pay $153,000 to resolve discrimination complaints investigated by the Denver Field Office of the U.S. Equal...more

Seyfarth Shaw LLP

Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing

Seyfarth Shaw LLP on

Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more

U.S. Equal Employment Opportunity Commission...

American Dental Association to Pay $1.95 Million to Resolve EEOC Discrimination Finding

U.S. Equal Employment Opportunity Commission... on

Federal Agency Found Reasonable Cause to Believe Two Association Execs Were Discharged in Retaliation for Voicing Concerns About Potential Discrimination - CHICAGO - The American Dental Association, which is...more

Lewitt Hackman

The Customer Is (Not) Always Right: An Employer's Duty to Protect

Lewitt Hackman on

Everyone is entitled to their opinion, and in this political climate, it seems as though more people are comfortable voicing those opinions, even if they may offend someone. Although free speech is a primary pillar of...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Littler

Addressing Post-Election Tensions in the Workplace

Littler on

As the extreme rhetoric of the 2016 presidential campaign slowly wanes, the divisions it exposed remain raw. Many Americans celebrate the election of President-elect Trump, while many others continue to express concern about...more

Seyfarth Shaw LLP

Opposing Employer Actions Directed at General Public Not Protected Activity

Seyfarth Shaw LLP on

Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more

Seyfarth Shaw LLP

New Jersey Supreme Court “Plants the Seeds” for Increase in “Garden Variety” Emotional Distress Jury Awards

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more

Zelle LLP

The Retaliation Problem

Zelle LLP on

The Equal Employment Opportunity Commission just released new guidance on retaliation, updating guidelines last issued in 1998. Reviewing the new guidance reminded us of all the times that retaliation has become an issue...more

Akerman LLP - HR Defense

Employers Take Note, EEOC Issues Final Retaliation Guidance

Akerman LLP - HR Defense on

Employers should review their policies concerning retaliation and Americans with Disabilities Act (ADA) interference in light of the new Enforcement Guidance on Retaliation published by the EEOC this week.  As retaliation is...more

Littler

California Passes Law Aimed to Bridge the Gender Wage Inequality Gap

Littler on

On October 6, 2015, California's Governor Edmund G. Brown, Jr. signed into law Senate Bill (SB) 358, legislation intended to increase wage transparency and which will make it more difficult for an employer to defend against...more

Baker Donelson

What is Implicit Bias and Why Should Employers Care?

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In 2014, Baker Donelson's Diversity Committee instituted a mandatory firm-wide training program on "implicit bias" which has continued into 2015. While the Firm regularly conducts training in how to prevent discrimination,...more

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