News & Analysis as of

Employment Discrimination Appeals Employment Policies

Goldberg Segalla

Second Circuit Affirms that ADA Workplace Accommodation Protections are Broad

Goldberg Segalla on

In a recent Second Circuit decision from March, Tudor v. Whitehall Central School District, the court clarified the broad scope of workplace accommodation protections under the Americans with Disabilities Act (ADA)....more

Saul Ewing LLP

Non-Disabled Employees Can Recover for Unlawful Medical Examinations Under ADA, According to Seventh Circuit

Saul Ewing LLP on

Following a recent decision by the Seventh Circuit, employers who violate the Americans with Disabilities Act (ADA) by requiring medical examinations of an employee without a business necessity may now be liable for back pay...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Losing My Religion? 8th Circuit Finds that Freedom of Religion is Not a Justification for Employee Conduct

The past few decades have seen a Supreme Court receptive to claims brought on the basis of freedom of religion. For example, in Burwell v. Hobby Lobby Stores, Inc. (June 2014), the Supreme Court ruled that the Affordable Care...more

Jackson Lewis P.C.

Potential Unlawful Conduct + Employment Decisions: Wisconsin Court Redefines Arrest Record Discrimination

Jackson Lewis P.C. on

The Wisconsin Supreme Court has clarified that non-criminal, municipal citations are covered by the prohibition on arrest record discrimination under the Wisconsin Fair Employment Act (WFEA). The court also narrowed the...more

Whiteford

Employment Law Update: DEI Injunction Lifted and EEOC Issues DEI Guidance Documents

Whiteford on

The Fourth Circuit Court of Appeals has lifted a nationwide injunction on the Diversity, Equity, and Inclusion (DEI) Executive Orders issued by President Trump in January 2025. This means the DEI Executive Orders can and will...more

Foley & Lardner LLP

Appeals Court Says Disability Not Required in Order to Recover Back Pay for Violation of ADA’s Medical Inquiry and Examination...

Foley & Lardner LLP on

Most employers are aware that, under the Americans with Disabilities Act (ADA), disability-related inquiries and medical examinations of employees may only be required when such inquiries and examinations are “job-related and...more

Harris Beach Murtha PLLC

Court Reinstates Notice Requirement of NY Reproductive Health Bias Law

After a three-year pause, New York is again requiring employers to provide notice of employees’ rights under the state’s Reproductive Health Bias Law in employee handbooks....more

ArentFox Schiff

Wawrzenski v. United Airlines, Inc.: Key Takeaways for Employers Navigating Workplace Policies

ArentFox Schiff on

Employers wanting to create a more equitable and legally compliant workplace while also reducing their risk of litigation may want to pay particular attention to the California Court of Appeal’s recent decision in Wawrzenski....more

Rumberger | Kirk

Fifth Circuit Opens the Door for Growing Discrimination Claims

Rumberger | Kirk on

A federal appeals court has made it easier for plaintiffs to bring employment discrimination lawsuits, but failed to offer clear guidance on how employers can adjust policies to minimize litigation risk. The en banc...more

Fisher Phillips

Here Are the Top 10 New Laws Coming Soon to California Workplaces and 5 Key Bills the Governor Surprisingly Vetoed

Fisher Phillips on

California employers know that the new year inevitably brings new workplace laws that are finalized at the end of the state’s legislative session in the fall. This year, state lawmakers considered over 2,700 bills – the most...more

Gray Reed

Appeals Court Opens Door to More Discrimination Claims

Gray Reed on

On August 18, 2023, the Fifth Circuit Court of Appeals, which holds jurisdiction over Texas, Louisiana and Mississippi, abandoned a decades-old interpretation that discrimination must be related to an “ultimate employment...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Overturns Decades-Old Precedent on Workplace Discrimination Claims

For decades, courts in the Fifth Circuit have followed a particularly strict rule limiting when employees can sue under Title VII for workplace discrimination. That changed last Friday....more

Bradley Arant Boult Cummings LLP

Attendance Policies, ADA May Be In EEOC's Crosshairs

No-fault attendance policies may be on a watchlist for the U.S. Equal Employment Opportunity Commission. A recent matter before the U.S. Court of Appeals for the Eleventh Circuit, EEOC v. Eberspaecher North America Inc.,...more

Verrill

BLM-Masked Employees of Whole Foods Lose Race Bias Appeal Regarding Dress Code

Verrill on

Last week, the U.S. Court of Appeals for the First Circuit in Boston dismissed the appeal of a group of Whole Foods employees who were disciplined for wearing face masks with the phrase “Black Lives Matter” at work. In Frith...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

McAfee & Taft

EEOC’s background check guidelines shot down

McAfee & Taft on

One of the Equal Employment Opportunity Commission’s top priorities has been to stop employers from instituting blanket bans on hiring individuals with criminal records. The EEOC’s focus stems from national data suggesting...more

Hogan Lovells

D.C. Circuit Rejects “Academic Deference” Argument In Tenure Denial Discrimination Cases

Hogan Lovells on

On June 14, 2019, the United States Court of Appeals for the District of Columbia Circuit rejected the argument that a university should be entitled to special academic deference in employment discrimination claims concerning...more

McAfee & Taft

New employment discrimination standard: Comparators must be similarly-situated ‘in all material respects’

McAfee & Taft on

In making disciplinary decisions, a question often posed in the human resources office is whether the disciplinary action is consistent with past discipline to other employees. The reason for this question is that disparate...more

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