Employment Litigation, Burden of Proof, Corporate Counsel

Pay Equity Pitfalls: Varying Standards for "Equal Work" and Valid Comparators in Pay Equity Litigation

Venable LLP on 6/13/2025

The Equal Pay Act of 1963 (the EPA) and related state laws require employers to pay men and women equally for equal work. ...more

Setting Evidentiary Standards: What Employers Need to Know After Puerto Rico Supreme Court’s Employment Discrimination Ruling

Jackson Lewis P.C. on 1/22/2025

The Puerto Rico Supreme Court has issued an opinion interpreting, for the first time, several provisions of the Puerto Rico Labor Reform Act of 2017, specifically holding the McDonnell Douglas burden-shifting framework...more

New Trial Threat To California Employers Has Arrived

Proskauer - California Employment Law on 1/17/2024

A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial. In many if not most...more

Fourth Circuit Recognizes 'Equal Opportunity Harasser' Defense

Parker Poe Adams & Bernstein LLP on 8/25/2023

We often hear claims from employees who threaten to sue their employer for creating a “hostile work environment.” When we dig into the complaints, often the employee is alleging that their manager is mean or unfair to them,...more

Is Age Just A Number? The Third Circuit Thinks It Can Be

Genova Burns LLC on 8/24/2022

On August 15, 2022, in Cronin v. Booz Allen Hamilton Inc., et al., the Third Circuit Court of Appeals upheld the District of New Jersey’s grant of summary judgement to Booz Allen on Cronin’s age discrimination claims, finding...more

NLRB Finds Employer Lawfully Terminated “Known” Union Supporter Despite Finding Its Justification Was Pretextual

Proskauer - Labor Relations Update on 8/12/2019

In a 2-1 decision issued on August 2, 2019, the National Labor Relations Board (the “Board”) in Electrolux Home Products, Inc., 368 NLRB No. 34 (2019) reversed an Administrative Law Judge’s (“ALJ”) decision, and held that...more

Federal Appeals Court Says Extreme Obesity Alone Is Not Enough For ADA Coverage

Fisher Phillips on 6/17/2019

A federal Court of Appeals just ruled that extreme obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under the ADA. Under the 7th Circuit’s June 12 ruling, proof that...more

Ninth Circuit Says Employee Bears Burden at Trial of Proving Available ADA Accommodation

Parker Poe Adams & Bernstein LLP on 5/23/2018

We typically avoid reporting on cases that involve procedural issues primarily of interest to trial lawyers. However, once in a while, a procedural decision can have significant impacts on how employers structure their human...more

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