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Employment Discrimination › Evidence › Employer Liability Issues

Oppenheimer Investigations Group

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

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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

Constangy, Brooks, Smith & Prophete, LLP

Adverse employment actions require a decision maker. Make sure you have one.

Constangy, Brooks, Smith & Prophete, LLP on

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

Fisher Phillips

SCOTUS Predictions: Court Will Make It Easier for Majority-Group Plaintiffs to Assert Title VII Claims, No More “Reverse”...

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The Supreme Court is likely to soon rule that majority-group plaintiffs must meet the same pre-trial evidentiary burden applicable to minority-group plaintiffs – and nothing more – in workplace discrimination claims under...more

Fisher Phillips

Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

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Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more

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

DEI Under Scrutiny, Part IV: Could the ‘Background Circumstances’ Rule for Discrimination Be Primed for Supreme Court Review?

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

With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group...more

BCLP

UK HR two-minute monthly: marital status discrimination, private WhatsApp messages as tribunal evidence, sickness...

BCLP on

Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Understanding Validation Strategies Under the Uniform Guidelines - February...

DCI Consulting on

The Uniform Guidelines on Employee Selection Procedures (UGESP) have been used by EEOC, OFCCP, and the courts to regulate, litigate, and enforce anti-discrimination laws in the use of employee selection practices since their...more

Hogan Lovells

As you were – UK Supreme Court confirms no change to discrimination burden of proof

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The UK Supreme Court decision in Royal Mail Group Ltd v Efobi confirms that employees must still prove facts from which a tribunal could draw an inference of discrimination before their claim can proceed, despite a change of...more

Bradley Arant Boult Cummings LLP

Good Reasons Sometimes Win: 5th Circuit Cites “Unprofessional Behavior” of Plaintiff in Dismissing ADEA Claim

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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

Bradley Arant Boult Cummings LLP

The Door Gets a Little Wider: D.C. Circuit Rules Employee-Plaintiff Can Get Comparator Discovery to Prevent Dismissal of Case

Bradley Arant Boult Cummings LLP on

If your employee sues you for discrimination, they don’t get to look at how the decision-makers treated everyone else, do they? Well, in Cruz vs. US Homeland Security, the D.C. Court of Appeals says yes they do. Although the...more

McAfee & Taft

Be Careful What You Say: The danger of the charge of discrimination

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It’s tempting for employers to shrug off the allegations contained in a charge of discrimination or similar agency filing – viewing them as unfounded, unsupported and self-serving. Or worse, an employer may attack the...more

Jackson Lewis P.C.

Eleventh Circuit Clarifies Its ‘Similarly Situated’ Standard For Workplace Discrimination Claims

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The proper standard for comparator evidence in cases alleging intentional discrimination is “similarly situated in all material aspects,” the U.S. Court of Appeals for the Eleventh Circuit has clarified in an en banc ruling....more

Polsinelli

‘Just Give Me Some Space’ — Eleventh Circuit Clarifies “Similarly Situated” Standard

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On March 21, 2019, in a 9-3 en banc decision, the U.S. Eleventh Circuit Court of Appeals clarified the “similarly situated” standard for comparator evidence in employment discrimination cases.  Lewis v. City of Union City,...more

Bradley Arant Boult Cummings LLP

Cue the Organ Music: Court Administers the Ministerial Exception to Music Minister

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Can an organist really be considered a church minister? In a detailed and unique opinion, an Illinois federal court applied the First Amendment’s religious clauses to a church employee who claimed he had been discriminated...more

Littler

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

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Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

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