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Key Takeaways - - Employers have recently prevailed in several cases across the country in which plaintiffs attacked diversity training and other DEI-related initiatives in the workplace. Decisions have indicated that many...more
Federal Agency Alleges Fast Food Companies Created Hostile Work Environment for Female Workers, Including Teens, and Fired Manager When She Reported Misconduct - DETROIT – Six related entities operating Taco Bell...more
In Lui v. DeJoy, the Ninth Circuit held that a woman of Chinese ethnicity’s demotion, when coupled with a white male replacing her position, gave rise to an inference of discrimination. The employer’s investigation into the...more
Few federal regulations over the past five years have produced more needless concern by stakeholders than the independent contractor rules under the federal Fair Labor Standards Act (FLSA) issued by the different...more
Earlier this month, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) vacated the district court’s grant of summary judgment for the employer in Wannamaker-Amos v. Purem Novi...more
Last week, the U.S. Court of Appeals for the Eleventh Circuit ruled that Title IX of the Education Amendments of 1972 does not provide an implied right of action for sex discrimination in employment. This decision deepens an...more
Once an employer knows or has reason to know about alleged harassment, it has an obligation to promptly remedy the hostile work environment, even if the offensive conduct occurred wholly offsite, online, or off-duty. This...more
Picture this: You're packing up your office, getting ready to head home for the evening, when your human resources manager peaks her head in. She explains that she has just fielded a complaint from a female employee: a male...more
Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the...more
On August 1, 2024, the Connecticut Supreme Court ruled in O’Reggio v. Commission on Human Rights and Opportunities that the definition of “supervisor” set forth by the U.S. Supreme Court in Vance v. Ball State University to...more
Federal Agency Alleges Two Restaurants and an Airline Allowed Hostile Work Environments to Fester - WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) filed a trio of lawsuits alleging that discriminatory...more
Social media has truly changed our world, both in and outside of the workplace. It has evolved into a daily habit for many of us; the way we get news about the world and our friends, the way we shop, gossip, and much more. It...more
Employers have a duty to ensure that their workplaces are not hostile, both in the physical and virtual worlds. This responsibility extends to both actual and constructive knowledge of potential issues....more
A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more
The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...more
Settles Federal Charges the Casual Dining Chain Allowed Female Employees, including a Teen, to be Sexually Harassed, Retaliated Against, and Forced to Resign - EVERETT, Wash. – Restaurant chain Red Robin International,...more
Under both state and federal law, employers must pay their employees for the hours they work and are prohibited from discriminating against employees and job applicants. However, whether it is due to implicit bias, putting...more
Watkins v. Pennsylvania Dep't of Corr., No. 22-1426, 2023 WL 5925896 (3d Cir. Sept. 12, 2023) - A corrections officer sued his employer, the Department of Corrections (DOC), alleging a retaliatory hostile work environment in...more
State and federal laws impose a duty on employers to respect employees’ rights and provide them with certain benefits. However, because employment disputes often involve a mix of state and federal claims, most of these cases...more
Employers have a legal duty to ensure a safe, healthy workplace and to pay employees fairly for their work. This includes an obligation to treat employees fairly and respect their individual differences. When an employer’s...more
State and federal laws impose a duty on employers to respect employees’ rights and provide them with certain benefits. However, because employment discrimination claims and other employment disputes often involve a mix of...more
Colavecchia v. South Side Area Sch. Dist., No. 2:22-CV-01804-CCW, 2023 U.S. Dist. LEXIS 70461 (W.D. Pa. April 21, 2023). The United States District Court for the Western District of Pennsylvania denied South Side Area School...more
This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Fifth Circuit Expands Scope of Actionable Claims Under Title VII....more
Restaurant Allowed a Shift Manager to Sexually Harass Teens and Young Adults Despite Complaints, Agency Charges - HOT SPRINGS, Ark. – Simply Slims, L.L.C., and or Dixie Chicken, L.L.C. d/b/a Slim Chickens in Hot Springs,...more
A Michigan federal district court denied a franchisor’s motion to dismiss claims under Title VII of the Civil Rights Act of 1964 and Michigan law, and claims alleging retaliatory termination and sexually hostile work...more