News & Analysis as of

Employer Liability Issues Adverse Employment Action

Constangy, Brooks, Smith & Prophete, LLP

Adverse employment actions require a decision maker. Make sure you have one.

Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?” The reasons are simple. First, an adverse employment action – like termination,...more

Gray Reed

Supreme Court Increases Potential Employer Liability Under Title VII’s Discrimination Provisions

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On June 5, 2025, the United States Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, resolving a long-standing split among federal courts and clarifying the evidentiary standard for Title...more

Constangy, Brooks, Smith & Prophete, LLP

Three decisions provide cautions for employers who do business in the Bay State

Three recent court decisions provide important reminders for businesses with employees in Massachusetts. One involves application of the Massachusetts Wage Act to remote workers; one clarifies potential liability for...more

Keating Muething & Klekamp PLL

PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis

Over the course of the last year, employers have faced increased claims from employees testing what constitutes an actionable adverse action under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964...more

Seyfarth Shaw LLP

Washington’s Fair Chance Act: New Amendments Transform Employer Background Check Policies

Seyfarth Shaw LLP on

In 2018, Washington enacted a Fair Chance Act, requiring covered employers to wait until after considering an applicant to be “otherwise qualified” for the position at issue to inquire about or consider criminal history when...more

Venable LLP

Seventh Circuit Ruling Permits Back Pay for ADA Discrimination for Non-Disabled Workers

Venable LLP on

Last month, in Nawara v. Cook County Municipality, the Seventh Circuit Court of Appeals said a violation of ADA protections from medical examinations or inquiries counts as discrimination on account of disability, regardless...more

Bradley Arant Boult Cummings LLP

Time Was Not on Her Side: 5th Circuit Rules Unpaid Mentor’s Claim of Discrimination Is Untimely

In Title VII actions, plaintiffs have a limited amount of time to file a charge of discrimination (or a court can dismiss the case as untimely). In the case of Wells v. Texas Tech University, the timeliness dynamic was...more

Benesch

Ninth Circuit Diverges from Third Circuit on Scope of National Labor Relations Board’s Remedial Power, Ripening Issue for Supreme...

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As previously reported, the Third Circuit Court of Appeals handed Starbucks a victory in NLRB v. Starbucks Corp. by vacating part of an order issued by the National Labor Relations Board (“Board” or “NLRB”) requiring...more

Weintraub Tobin

You Can’t Make Me Go to that Meeting! CA Law Prohibits Adverse Action Against Employees Who Refuse to Go to Certain Meetings

Weintraub Tobin on

If you followed California’s 2024 Legislative term, you know that Senate Bill 399 (“SB 399”) was passed and signed into law by Governor Newsom on September 27, 2024. For the most part, SB 399 has been described as a new...more

BakerHostetler

Perception Versus Reality: Fifth Circuit Backs Board’s Unfair Labor Practice Finding on Termination Based on ‘Perceived’ Section 7...

BakerHostetler on

The National Labor Relations Board (Board) recently notched a win when the U.S. Court of Appeals for the Fifth Circuit found that a staffing company committed an unfair labor practice by terminating its employee when she...more

Spilman Thomas & Battle, PLLC

Top Five: The Biggest Labor & Employment Developments from 2024

As we close out 2024 and look to 2025, I polled members of Spilman, myself included, to get their take on some of the biggest labor and employment developments from 2024 that have or will impact employers. You can find more...more

Conn Maciel Carey LLP

[Webinar] The Latest in Employment Discrimination Laws - December 12th, 1:00 pm EST

Conn Maciel Carey LLP on

Employment discrimination in the workplace is alive and well. Indeed, according to Monster’s recent Workplace Discrimination Poll, only 9% of workers claim to have NOT faced some form of workplace discrimination. There have...more

McAfee & Taft

After Muldrow, courts find standard of ‘some harm’ challenging to apply to workplace clashes

McAfee & Taft on

In April of this year, the U.S. Supreme Court issued a decision with the potential to significantly alter the scope of employment discrimination claims. The case, Muldrow v. City of St. Louis, addressed what employer actions...more

Seyfarth Shaw LLP

San Diego County Joins California Jurisdictions With Fair Chance Ordinances

Seyfarth Shaw LLP on

Seyfarth Synopsis: Since 2018, California has had a comprehensive Fair Chance Act (CFCA), which places a number of restrictions on employers using criminal history for hiring and other employment purposes. San Francisco and...more

Littler

Ontario, Canada Human Rights Tribunal Determines Volunteer Asked to Remove Rainbow Sticker Did Not Experience Discrimination

Littler on

In Zanette v. Ottawa Chamber Music Society, 2024 HRTO 998, the Human Rights Tribunal of Ontario (HRTO) dismissed a volunteer’s application alleging discrimination with respect to employment because of sexual orientation,...more

Littler

San Diego County Adds a New Layer to California’s Complex Web of Laws Regulating the Use of Criminal Records in the Hiring Process

Littler on

California state law already saddles private sector employers with significant obligations to job applicants with a criminal record. Various local laws layer on top of these obligations to make compliance even more...more

CDF Labor Law LLP

California Court of Appeals Upholds Adverse Employment Action Where Employee Unable to Perform Essential Job Functions

CDF Labor Law LLP on

This month, the California Court of Appeals affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the Fair Employment and Housing Act (FEHA). The...more

Lathrop GPM

Title VII & Lateral Transfers - Treacherous Territory after United States Supreme Court Ruling

Lathrop GPM on

The United States Supreme Court recently settled a circuit split concerning when an involuntary lateral transfer may violate Title VII of the Civil Rights Act of 1964. The Court’s opinion in Muldrow v. City of St. Louis...more

Foley & Lardner LLP

Shifting Views on Paid Administrative Leave

Foley & Lardner LLP on

Employers often place employees on paid administrative leave while they investigate accusations of employee misconduct or make decisions regarding the employees’ employment. Traditionally, most federal courts agreed that this...more

Constangy, Brooks, Smith & Prophete, LLP

Miss Mannerly's five tips for political peace in the workplace

Election Day is almost upon us, Gentle Reader. Behave! Dear Miss Mannerly: My employees have strong political views, and since the Presidential debate the other night, they are out of control. They are split about evenly...more

Parker Poe Adams & Bernstein LLP

Employers Struggle With Election Politics Spillover Into Workplace

With the election quickly approaching, we are already receiving questions from employers involving concerns over arguments and disruptions in the workplace resulting from political disagreements. We hoped that the contentious...more

Constangy, Brooks, Smith & Prophete, LLP

Don’t let a bad employee’s protected activity lead you into the twilight zone.

You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more

FordHarrison

EntertainHR: Helping Haverford – What Parks and Recreation Teaches Us About Employee Terminations

FordHarrison on

Parks and Recreation is a beloved mockumentary sitcom that focuses on the lives of several employees of the fictional Pawnee, Indiana’s Parks and Recreation Department. One of those characters is the sarcastic and...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

Littler on

In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Littler

Dear Littler: Can we prevent an employee from maintaining an adult website?

Littler on

Dear Littler: I manage a growing family medical practice out West. It has come to our attention that one of our staff members maintains an adult-themed website. We learned about this when another staff member complained about...more

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