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In Bivens v. Zep, Inc., a customer engaged in unwanted romantic advances towards a former employee. The employee sued the employer for harassment and hostile work environment under federal law, asserting that the employer...more
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
In order to state a claim for discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), a plaintiff must first demonstrate that he or she had an employment relationship with the defendant. Although various...more
In a victory for employers seeking summary judgment in employment discrimination cases, the Ninth Circuit held that discriminatory remarks that merely quote third parties—including pejorative phrases—do not create a genuine...more
The Massachusetts Supreme Judicial Court’s (“SJC”) decision in Mark A. Adams v. Schneider Electric USA, Inc., SJC-13352 (2023) concerned the age discrimination claim of a plaintiff who was 54 years old when he was laid off by...more
On May 1, 2023, in Onukogu v. New Jersey State Judiciary, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s grant of summary judgement in favor of the employer, affirming the dismissal of the...more
The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks. Most lawsuits asserting federal claims proceed in federal court. The FCRA is atypical in that FCRA claims can proceed...more
The U.S. District Court for the Western District of Texas recently denied an employer’s motion for summary judgment when its alleged shifting reasons for terminating the plaintiff’s employment contract raised genuine issues...more
Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more
On May 18, 2021, in McBride v. Atlantic Chrysler Jeep, the New Jersey Appellate Division revived a Sales Consultant’s hostile work environment case against a car dealership after the Law Division previously dismissed it in...more
Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has dismissed an employment discrimination lawsuit brought by a former employee of the City University of New York. ...more
Seyfarth Synopsis: On December 3, 2019, the Appellate Court of Illinois affirmed summary judgment in favor of a public utility company that considered credit checks for individuals applying for a customer service...more
Add this case to your “Be Sure to Document Your Non-Discriminatory Reasons” file. An employee doing bad things lost on summary judgment in an employment discrimination action, even though she alleged that the company did not...more
Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are prohibited from taking adverse employment actions against employees because they are servicemembers or are obligated to...more
When we respond to allegations of employment discrimination, reconstructing the timeline of events is crucial. In these situations, the parties often agree what happened (i.e., the employee was terminated). Where they differ...more
On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more
An individual may file a claim under Tennessee’s “whistleblower statute”—the Tennessee Public Protection Act (TPPA)—if she was fired solely for reporting or refusing to participate in illegal activity. Similar to federal law,...more
Massachusetts employers’ decision-making processes with regards to lateral, internal employee transfers are now subject to possible state law discrimination claims. On January 29, 2019, the SJC issued its decision in Yee v....more
Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address...more
Over at In the Weeds, our Firm’s blog on the developments in cannabis law, my colleague Joseph McNelis shares a breaking development at the intersection of cannabis law and employment discrimination law. This legal...more
A federal district court in the District of Connecticut recently granted summary judgment to a plaintiff who brought a claim against an employer that withdrew a job offer due to the plaintiff’s positive drug test for...more
The court found in favor of the plaintiff, holder of a medical marijuana card. Last week, a federal judge in Connecticut found in favor of a woman whose job offer was withdrawn after she tested positive for medical...more
Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently issued a ruling with respect to Defendants’ “compelling” exhaustion argument that Plaintiffs failed to exhaust administrative remedies with...more
On June 1, 2018, the U.S. Court of Appeals for the Eleventh Circuit in Jefferson v. Sewon America, Inc., No. 17-11802, held that the McDonnell Douglas burden-shifting framework does not apply to discrimination claims where...more
The Eleventh Circuit’s holding in Bowen v. Manheim Remarketing, Inc., 882 F.3d 1358 (11th Cir. 2018) reiterates an employer’s heavy burden to establish an affirmative defense in order to win summary judgment in cases alleging...more