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Employment Litigation Employment Discrimination

Parker Poe Adams & Bernstein LLP

Fourth Circuit Uses Prior Comments by Non-Decisionmaker to Reverse Dismissal of Discrimination Claim

When litigating employment discrimination claims, plaintiffs frequently base their allegations on alleged disparaging comments made by a member of the company’s management. When that manager was the one who made a decision...more

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

Wait - The EEOC Is Still Knocking? Why an Employment Lawsuit May Not Be the End of the Story

Many employers assume that once an employee or job applicant files a discrimination lawsuit after receiving a notice of right to sue from the U.S. Equal Employment Opportunity Commission (EEOC), the agency’s involvement in...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – August 2025

In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers. ...more

Hinshaw & Culbertson - Employment Law...

Seventh Circuit Ruling Provides Employers With Greater Leverage to Challenge Collective Actions and Limit Exposure

The Seventh Circuit’s recent decision in Richards v. Eli Lilly & Co., 2025 U.S. App. LEXIS 19667 (7th Cir. 2025) significantly changes how federal courts within the circuit will handle collective actions under the Fair Labor...more

McAfee & Taft

Litigation risks increase as more employers use AI tools in hiring decision-making process

McAfee & Taft on

The use of artificial intelligence in employment decision-making has continued to rise since its inception. Nowhere is this more evident than in hiring decisions. Employers have used AI to help screen résumés, schedule...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your September 2025 To-Do List

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Here are the top ten items you should tackle in September, based on the latest workplace law developments and upcoming critical compliance dates...more

Whiteford

Employment Law Update: Fourth Circuit Decision Highlights the Impact of Supreme Court’s Change to Adverse Employment Action...

Whiteford on

In 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, which arose out of a sex discrimination claim filed by a female police officer. Officer Muldrow was transferred to a different position within...more

Phelps Dunbar

Unleashing Compliance: Navigating Emotional Support Animals and ADA Challenges in the Modern Workplace

Phelps Dunbar on

A Maryland car dealership has agreed to pay $30,000 to settle a federal disability discrimination lawsuit centered on an employee’s use of an emotional support animal. The U.S. Equal Employment Opportunity Commission (EEOC)...more

BCLP

Privilege And Iniquity, Whistleblowing Reports, Discrimination As A Repudiatory Breach And A News Round-Up

BCLP on

Our employment law update for August covers a case about the iniquity exception to legal privilege, a whistleblowing case involving a long-delayed judgment and third party reports, and a case on whether discriminatory actions...more

Constangy, Brooks, Smith & Prophete, LLP

Three religious accommodation trends: The good, the bad and the “buckle up for turbulence”

Two years ago, the long dormant duty to accommodate employees’ religious beliefs and practices was awakened by the U.S. Supreme Court in Groff v. Dejoy. Gone were the days when an employer could justify the denial of a...more

Walkers

The Jersey Employment and Discrimination Tribunal's new costs regime: Key changes now in force

Walkers on

The introduction of the Employment and Discrimination Tribunal (Procedure) (Jersey) Amendment Order 2025 (Order) has significantly altered the costs regime in the Jersey Employment Tribunal. Having previously been a no-cost...more

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

Keating Muething & Klekamp PLL

Outsourcing Hiring Won’t Outsource Risk: Implications for Employers Using AI in Hiring

Recently, a federal court in the Northern District of California issued an important ruling in the closely followed Mobley v. Workday putative class action lawsuit alleging that Workday, a cloud-based software vendor...more

Vedder Price

Sixth Circuit Splits with EEOC and Other Circuits as to Employer Liability for Harassment by Non-Employees Under Title VII

Vedder Price on

In Bivens v. Zep, Inc., No. 24-2109 (6th Cir. Aug. 8, 2025), the Sixth Circuit split with the EEOC and most U.S. Courts of Appeals as to when an employer may be liable under Title VII for harassment by a non-agent (e.g.,...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

Pietragallo Gordon Alfano Bosick & Raspanti,...

Is A Performance Improvement Plan Actionable?

Performance improvement plans or PIPs are an effective tool to document an employee’s work issues, establishing constructive goals over a set time frame. Ideally, the employee improves their performance and works with...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Littler

The New Era of Religious Accommodations: Clarifying the Standard for “Sincere Religious Beliefs” and Evaluating Undue Hardship

Littler on

Since vaccines became available in response to COVID-19, courts have dealt with an onslaught of litigation involving religious accommodation in the workplace. Most recently, the U.S. Court of Appeals for the Second Circuit...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

Dorsey & Whitney LLP on

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

FordHarrison

Connecticut Court Says Employers Don't Have to Permit Remote Work if It Would Eliminate an Essential Job Function

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Real World Impact: The Connecticut Appellate Court has ruled that, as a matter of law, full-time remote work is not a reasonable accommodation if it eliminates an essential function of an employee’s job that must be performed...more

Fisher Phillips

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

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An unsuccessful job applicant is suing Sirius XM Radio in federal court, claiming the company’s AI-powered hiring tool discriminated against him based on his race. Filed on August 4 in the Eastern District of Michigan, the...more

Vedder Price

Seventh Circuit Departs from Traditional Two-Step Collective Certification Framework in FLSA and ADEA Cases

Vedder Price on

With a nod to discretion and practicality, the Seventh Circuit has become the latest U.S. Court of Appeals to depart from the traditional two-step collective certification process in cases brought under the Fair Labor...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Takes Restricted View of Employer Liability for Third-Party Harassment

For years, both the Equal Employment Opportunity Commission and multiple federal appellate circuits have agreed on the legal standard for proving liability for sexual or other harassment by a third party such as a vendor or...more

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