New Executive Order Targets Disparate Impact Claims Nationwide - #WorkforceWednesday® - Employment Law This Week®
Podcast - The Law as a Force for Change
Strategic HR Insights with Kelly Mitchell
Work This Way: A Labor & Employment Law Podcast - Episode 41: Employment & Labor Law Issues for Construction Companies with Bridget Blinn-Spears of Maynard Nexsen
Stumbling Your Way Into a Union: Key Advice for Employers: What’s the Tea in L&E?
California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
(Podcast) California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
AI in Employment: Navigating the Legal Landscape with Lessons from I, Robot — Hiring to Firing Podcast
Constangy Clips Ep. 9 - The Penalty Playbook: 3 Pointers for Employee Discipline
Work This Way: A Labor & Employment Law Podcast - Episode 39: Best Practices for Conducting RIFs and Layoffs with Jennifer Wheeler of Maynard Nexsen
PODCAST: Williams Mullen's Gavels & Gowns - Enforcement on Campus: The Impact of New Immigration Priorities on Academia
Are Reality TV Contestants Independent Contractors or Employees? From Pods to Paychecks With Love Is Blind — Hiring to Firing Podcast
Work This Way: A Labor & Employment Law Podcast - Episode 38: Mine Safety and Health Administration (MSHA) with John Holmes of Maynard Nexsen
#WorkforceWednesday®: Workplace Law Shake-Up - DEI Challenges, NLRB Reversals, and EEOC Actions - Employment Law This Week®
California Employment News: Document Checklist for Departing Employees (Podcast)
California Employment News: Document Checklist for Departing Employees
Work This Way: A Labor & Employment Law Podcast - Episode 37: Conducting Effective Workplace Investigations with Rima Hartman of Maynard Nexsen
Harassment in the Celebrity Workplace: Insights From It Ends With Us — Hiring to Firing Podcast
Employer Strategies for Navigating RIFs: One-on-One with Ann Knuckles Mahoney
Business Better Podcast Episode: The Looming Threat of Immigration Raids at Your Workplace – What to do When ICE Comes Knocking
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
You can't make this stuff up. I hope everybody had a good Thanksgiving. A federal judge just down the road from me ruled this week that a woman’s retaliation case should go to a jury, even though her sexual harassment...more
While motions for summary judgment are usually tricky to obtain in fact-laden employment cases alleging discrimination, failure to accommodate, and failure to engage in the interactive process, the Court of Appeal recently...more
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
When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more
The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775 (Ariz. Ct. App. Oct. 17, 2023), that a discharged employee could proceed with his retaliation claim against his former...more
On May 5, 2023, the U.S. District Court for the Northern District of Illinois granted a defendant-employer’s motion for summary judgment on whistleblower retaliation claims, holding that the company demonstrated that it would...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
In February 2021, we wrote about Kinzer, et al. v. Whole Foods Market, Inc., a case pending in Massachusetts federal court in which multiple employees alleged that they had been terminated by Whole Foods for wearing Black...more
Under Title VII, an employer can be held liable for retaliation by a non-supervisory co-worker if (1) the conduct is sufficiently severe to dissuade a complaint of discrimination; (2) management was aware of the behavior; and...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
In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more
Texas courts generally look to federal courts’ interpretation of federal anti-discrimination laws to assist in interpreting the anti-discrimination provisions of the Texas Commission on Human Rights Act (TCHRA). However, the...more
After losing in both the trial and appellate courts, Armando Rios, Jr., an ex-Pharmaceutical Executive, managed to sway the minds of the Justices on the State’s highest court to revive his hostile work environment claim. Rios...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
On August 19, 2020, in Marquardt v. Carlton, et al., No. 19-4223, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment for the City of Cleveland on a former employee’s claim that the city had terminated...more
An employer who terminated a female employee who left work early to attend to what an appeals court called an “inherently female” emergency situation must face a jury trial on a gender discrimination claim. Anthony Mann,...more
A recent decision by a New Jersey federal court highlights the importance of thoroughly investigating allegations of suspected Family and Medical Leave Act (FMLA) misuse before taking action against an employee. The decision...more
In Theidon v. Harvard University, No. 18-1279 (January 31, 2020), the U.S. Court of Appeals for the First Circuit affirmed a lower court’s decision granting summary judgment for Harvard University as to a female professor’s...more
Informed employers know they must pay non-exempt employee for all hours actually worked. If an employee works unapproved hours or overtime, the company must still pay for that time; however, they may discipline that worker...more
Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation,...more
In Allen v. Ambu-Stat, LLC, No. 18-10640 (January 16, 2020), the U.S. Court of Appeals for the Eleventh Circuit affirmed a Georgia district court’s dismissal of a former employee’s sexual harassment claim and delivered a...more
On September 27, 2019, the U.S. District Court for the Northern District of Illinois granted a defendant-employer summary judgment on a whistleblower retaliation claim under the Illinois Whistleblower Act (“IWA”) and on a...more