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Employment Discrimination Employment Litigation Employer Responsibilities

Constangy, Brooks, Smith & Prophete, LLP

When is an employer liable for harassment by customers? You may be relieved.

When is an employer legally responsible for harassment of its employee by one of its customers? A recent court decision may be a relief for employers in Kentucky, Michigan, Ohio, and Tennessee. Most courts ruling on the...more

Bradley Arant Boult Cummings LLP

If You See Something, Do You Fix It If It Isn’t Your Employee? 6th Circuit Applies Higher Standard to Non-Employee Harassment Case

An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more

Keating Muething & Klekamp PLL

No Intent, No Liability: Sixth Circuit Narrows Employer Liability for Third-Party Harassment

Most employers understand their obligation to prevent discrimination and harassment at work, and the significant consequences that can come if such treatment is allowed to occur. But what if an employee alleges harassment not...more

Husch Blackwell LLP

NFL’s Arbitration Agreement Fumbles, Allowing Coach to Pursue Discrimination Claims in Court: Employment Law Lessons for Employers

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The National Football League (NFL) is in the spotlight this season, not because of any certain game on the field, but for a legal battle off it. Last week, the Second U.S. Circuit Court of Appeals agreed that a NFL coach...more

Oppenheimer Investigations Group

Workplace Investigations in Litigation: Strategic Value for Both Plaintiffs and Defendants

Workplace investigations are generally conducted outside of a litigation context and involve complaints that are not ultimately litigated. However, inevitably some workplace disputes that are investigated do make it to...more

Dorsey & Whitney LLP

Top U.S. Employment Law “Gotchas” for Canadian Companies

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As a U.S. employment lawyer who advises numerous Canadian companies, I’ve seen several traps that Canadian companies frequently fall into. The first step in avoiding these traps is to identify them....more

Jackson Lewis P.C.

Massachusetts Makarevich: ‘Understandable’ Separation Agreement Language Aids Employer in Unpaid Wages Case

Jackson Lewis P.C. on

In Makarevich v. USI Ins. Services, LLC, a Massachusetts federal district court judge dismissed a former employee’s claims of discrimination and unpaid wages under the Massachusetts Wage Act, concluding that she had knowingly...more

Constangy, Brooks, Smith & Prophete, LLP

Mandatory referral to EAP may be "adverse action," court says

"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more

Venable LLP

SCOTUS Limits ADA Lawsuits by Retirees Over Post-Employment Benefits

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In a June decision, the Supreme Court limited retirees' ability to bring Americans with Disabilities Act (ADA) lawsuits, finding that the ADA generally does not allow claims by retirees or protect post-employment health...more

McAfee & Taft

Don’t drag your feet on accommodation requests

McAfee & Taft on

Under the Americans with Disabilities Act (ADA), an employer should grant accommodations to an employee with a disability, so long as the accommodation is reasonable and does not impose an undue hardship upon the employer’s...more

Phelps Dunbar

Abuse or Molestation Exclusion Bars Coverage for Sexual Assault of Insured’s Employee While Employment Exclusions Do Not

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The U.S. District Court for the Southern District of Georgia recently ruled that an insurer must provide coverage to its insured with respect to a civil lawsuit involving allegations of sexual assault. The case, BOJ OF WNC,...more

Venable LLP

EEOC Sues Employer Over Denial of Service Animal Accommodation

Venable LLP on

In May, the Equal Employment Opportunity Commission (EEOC) announced it was suing a Maryland-based employer for allegedly violating Title I of the Americans with Disabilities Act (ADA) by refusing to allow an employee to...more

Dickinson Wright

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.

Dickinson Wright on

Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

BakerHostetler

The Supreme Court ‘Ames’ to Clarify that All Discrimination Claims Must Be Treated Equally

BakerHostetler on

As the summer comes into full swing and many employees take time off to enjoy summer vacation, the same cannot be said for employers. It has been no secret that private sector diversity, equity and inclusion (DEI) programs...more

Troutman Pepper Locke

Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

Troutman Pepper Locke on

The drama of “It Ends With Us” has jumped from the book to the big screen to a real-life legal battle that offers a sharp reminder of how retaliation and digital misconduct can derail even the most powerful players in any...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS wraps it up: Four lessons for employers

"Reverse discrimination," ADA, religion, and nationwide injunctions. The 2024-25 term of the U.S. Supreme Court is over. Two decisions at the end of the term directly addressed employment law issues, and two others will have...more

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

Connecticut Appellate Court Upholds Employer’s Right to Require In-Office Work

The Connecticut Appellate Court recently affirmed summary judgment in favor of a law firm employer, holding that a legal assistant’s request to work entirely remotely during the COVID-19 pandemic was not a reasonable...more

Whiteford

Employment Law Update: Supreme Court Clarifies Scope of ADA Employment Protections

Whiteford on

The Americans with Disabilities Act (ADA) imposes a general requirement on employers with fifteen or more employees to refrain from discriminating against qualified individuals on the basis of a disability. For those covered...more

Holland & Hart - Employers' Lawyers

The Supreme Court “Clarifies” ADA Title I Protections for Retired Workers

On June 20, 2025, the U.S. Supreme Court issued its long-awaited opinion in Stanley v. City of Sanford, No. 23-997, addressing the scope of protections available to retired workers under Title I of the Americans with...more

Perkins Coie

June Tip of the Month: Supreme Court Decision Levels the Playing Field for “Reverse Discrimination” Claims

Perkins Coie on

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, holding that members of a majority group are not required to meet a heightened evidentiary standard to prevail...more

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

Unreasonable Delays and IMEs: The Fifth Circuit Provides Guidance on Reasonable Accommodations Under the ADA

A recent case from the U.S. Court of Appeals for the Fifth Circuit offers insights on several interesting aspects of claims under the Americans with Disabilities Act (ADA), including the impact of an extended delay in the...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – June 2025

In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers. 1. In Prähl and Ors v Lapinski, the Employment Appeal Tribunal (the “EAT”) upheld an...more

Bodman

Supreme Court Eliminates “Background Circumstances” Test for Title VII Claims

Bodman on

In a unanimous decision, the United States Supreme Court has formalized and affirmed the legal standard for employment discrimination claims for non-minority groups under Title VII of the Civil Rights Act of 1964....more

Downey Brand LLP

Employers May See an Increase in Title VII Discrimination Claims

Downey Brand LLP on

Recently, the Supreme Court issued an opinion that lowered the bar for employees seeking to sue their employer. In Ames v. Ohio Department of Youth Services, a heterosexual white woman claimed that she suffered discrimination...more

Bradley Arant Boult Cummings LLP

Supreme Court Limits ADA Claims to Employees and Applicants, Not Retirees

In, Stanley v. City of Sanford, Florida, the U.S. Supreme Court clarified the scope of the Americans with Disabilities Act, holding that Title I’s employment discrimination provisions do not apply to individuals who are...more

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