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Employer Liability Issues Title VII Termination

Berkshire

EEOC Updates Under The New Administration

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The Equal Employment Opportunity Commission (EEOC) has been busy since President Trump took office on January 20, 2025. On January 21st, 2025, the President appointed Andrea Lucas as Acting Chair of the EEOC. She has served...more

Constangy, Brooks, Smith & Prophete, LLP

Foolish CEO quips, fishy termination mean pregnancy case will go to trial

A (not so) perfect cluster. Happy new year, everybody. During the holidays, a federal judge in Wisconsin ruled that an employee’s pregnancy discrimination claim will go to a jury. The plaintiff (we’ll call her “Katy”) was...more

Bricker Graydon LLP

EEOC Cracks Down on Harassment of Transgender Employees

Bricker Graydon LLP on

On October 25, 2024, the Equal Employment Opportunity Commission (”EEOC”) issued a press release stating it was suing a Michigan restaurant for discrimination. The EEOC alleged Culver’s violated federal law when firing a...more

FordHarrison

It’s about Tyne to Try Something New: The Burden of the Standard of Proof

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Executive Summary - In January, the Eleventh Circuit issued a decision that likely will impact employers’ litigation strategies in discrimination cases. In Tynes v. Florida Department of Juvenile Justice, the court...more

U.S. Equal Employment Opportunity Commission...

Vicars Powersports to Pay $75,000 in EEOC Sex Discrimination Lawsuit

Federal Agency Charges Dealership Fired Female Manager and Replaced Her With Less Experienced Male - ST. LOUIS – Vicars Powersports, a McAlester, Oklahoma retailer of motorsports vehicles, will pay $75,000 and furnish...more

Constangy, Brooks, Smith & Prophete, LLP

Hair, beards, and the invigorated duty to accommodate religious practices

Hair. In some religions it is considered a sacred gift from God that should not be cut. In other religions, it must be styled, covered, or cut in particular ways. These religious practices may result in employees’ requesting...more

Parker Poe Adams & Bernstein LLP

Federal Court Rejects Claims by Employees Allegedly Fired for Wearing BLM Masks

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

Bradley Arant Boult Cummings LLP

Run Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment Action

For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job duties, compensation or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Ruling Reminds Courts Not to Draw ‘Narrow’ Comparisons in Title VII Cases

On October 26, 2022, the U.S. Court of Appeals for the Seventh Circuit handed employers another reminder of the potential benefits of consistent management. In Dunlevy v. Langfelder, the Seventh Circuit upheld the appeal...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: Employment at will

So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

Bradley Arant Boult Cummings LLP

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2021 Edition

Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some...more

Bradley Arant Boult Cummings LLP

Get Poked or Get Canned – Can You Terminate an Employee for Refusing the Vaccine?

The answer is it depends. Why is the employee refusing the vaccine? For employers mandating the vaccine, an employee’s refusal to receive it because he or she simply does not want to be vaccinated is likely fair game...more

Bradley Arant Boult Cummings LLP

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

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

Constangy, Brooks, Smith & Prophete, LLP

Everything Employers Always Wanted To Know About Vaccines . . . And Have Been Asking About For Months.

Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more

Laner Muchin, Ltd.

Seventh Circuit Reiterates Who is “Similarly Situated” for Purposes of Title VII Claims

Laner Muchin, Ltd. on

In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the requirements that must be met for an employee to identify a similarly situated comparator for purposes of a Title VII claim. Gamble v. FCA...more

Fisher Phillips

Good Faith Belief Leads To Employer Victory In Bias Claim

Fisher Phillips on

Despite not being able to prove the alleged wrongdoings that led an Arkansas employer to terminate an employee, a federal appeals court just handed an employer a victory in a gender discrimination lawsuit because of its “good...more

Poyner Spruill LLP

Employers not required to guarantee employees will never be scheduled on religious Sabbaths

Poyner Spruill LLP on

In a recent 11th Circuit Court of Appeals opinion, Patterson v. Walgreen Co., the court affirmed judgment in favor of Walgreens after it fired Patterson for refusing to accept reasonable accommodations for his religious...more

Cozen O'Connor

How to Handle Waivers in Discrimination Cases

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It is every L&E attorney’s dream: You are deposing a Title VII plaintiff and it’s starting to get late. One by one, the plaintiff’s allegations of discrimination start to lose their luster; the seams are beginning to show....more

Constangy, Brooks, Smith & Prophete, LLP

Retailer - Fall 2018

NEWS & ANALYSIS - Where no performance review has gone before - By a show of hands, how many of you use annual performance reviews? And how many of you think that there must be a better way to manage your employees? If...more

Kelley Drye & Warren LLP

Employer Vaccine Programs: A Case Where Religion is NOT a Factor

This year flu season came early and with a vengeance. As we mentioned in our October post, The Rise of Employee Religious Discrimination Claims, mandatory flu vaccines present a common pitfall for employers. As employers seek...more

Cozen O'Connor

I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination

Cozen O'Connor on

Good faith and timing means everything in employment law. This episode of Employment Law Now provides an update from DC, discusses questions employers should be asking in today’s climate of troubling sexual harassment news,...more

Womble Bond Dickinson

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

Womble Bond Dickinson on

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

Cozen O'Connor

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Ward and Smith, P.A.

Truth and Consequences: Title VII's Opposition Clause and Employer's Reasonable Belief

Ward and Smith, P.A. on

This summer, the United States Court of Appeals for the Fourth Circuit, which hears appeals from North Carolina federal courts, issued an opinion that has employers taking note. In Villa v. CavaMezze Grill, LLC, the court...more

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