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Equal Employment Opportunity Commission (EEOC) › Adverse Employment Action › Appeals

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

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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

Parker Poe Adams & Bernstein LLP

Alleged Attempt to Change Business' Demographics Deemed Direct Evidence of Discrimination

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​​​​​​​Under the “stray remarks” doctrine, courts can conclude that an employer’s expressions of frustration, or comments by a manager not involved in an adverse employment decision, are not persuasive evidence of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

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This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Parker Poe Adams & Bernstein LLP

ADA Does Not Protect Against Fear of Future Disability

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The Americans with Disabilities Act not only provides protections for disabled persons but also those “regarded as” having a disability, even if they are healthy. On September 12, the Eleventh Circuit Court of Appeals (which...more

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

Seventh Circuit Holds That Obesity Alone Is Not a Protected Disability Under the ADA

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

In a matter of first impression before the court, the U.S. Court of Appeals for the Seventh Circuit recently held in Richardson v. Chicago Transit Authority, Nos. 17-3508 and 18-2199 (June 12, 2019), that obesity is not a...more

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

Company’s Reaction to Claim of Unequal Pay Provides Lessons for Employers

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Complaints of unequal pay should not be taken lightly, and certainly should not be met with an immediate adverse employment action. The U.S. Court of Appeals for the Eighth Circuit recently reinstated a female office worker’s...more

Bradley Arant Boult Cummings LLP

The Election’s Tilt on the Supreme Court and The Impending Ruling in McLane v. EEOC

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President-elect Trump’s election injects uncertainty into the Supreme Court’s makeup and its future rulings, including for employment-related cases. Because the Senate has not held confirmation hearings on Merrick Garland,...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Placing Employee on PIP Not Discrimination Under Title VII

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Employers routinely use Performance Improvement Plans (PIPs) to notify employees of job performance issues. If an employee believes that they have unfairly been placed under a PIP, can this form the basis for an employment...more

Parker Poe Adams & Bernstein LLP

Telling Harasser to Stop Conduct Protects Employee from Retaliation

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Title VII and related federal civil rights laws prohibit employers from retaliating against an employee who files a claim, participates in an investigation or opposes conduct prohibited under anti-discrimination laws....more

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

A Single "Hitler" Comment Is Insufficient for a Title VII Retaliation Claim in the Fifth Circuit

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The Fifth Circuit Court of Appeals recently affirmed a judgment against a City of Houston employee who claimed that he was demoted for reporting another employee’s racially offensive comment made during a workplace meeting....more

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