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Equal Employment Opportunity Commission (EEOC) Employment Litigation Summary Judgment

Bradley Arant Boult Cummings LLP

Mediation: Give It a Try – You Might Like It!

Maybe you are one of the lucky employers who has not been sued in court or received a charge filed with a federal or state agency enforcing employment laws, like the Equal Employment Opportunity Commission (EEOC) or the...more

Constangy, Brooks, Smith & Prophete, LLP

Justice Thomas continues to ask litigants to challenge McDonnell Douglas standard

In March, the U.S. Supreme Court majority declined to review a decision affirming summary judgment for an employer in a discrimination case. Justice Clarence Thomas, joined by Justice Neil Gorsuch, dissented, noting that he...more

ArentFox Schiff

Supreme Court Resolves Conflict on Burden for ‘Reverse’ Discrimination Claims

ArentFox Schiff on

In Ames v. Ohio Department of Youth Services, No. 23-1039 (S. Ct. June 5, 2025), the US Supreme Court unanimously dispelled the concept of “reverse” discrimination, making clear that discrimination on the basis of a protected...more

Jackson Lewis P.C.

EEOC Is Permanently Enjoined From Enforcing Portions of PWFA Final Regulations and EEOC’s Title VII Guidance On Harassment in the...

Jackson Lewis P.C. on

On April 15, 2025, the United States District Court for the District of North Dakota issued its decision granting partial summary judgment to the Catholic Benefits Association, on behalf of its members and the Bismarck...more

Proskauer - Law and the Workplace

U.S. Supreme Court Hears Oral Argument in Reverse Sex Discrimination Case

On February 26, 2025, the United States Supreme Court entertained oral argument in Ames v. Ohio Department of Youth Services, a case that centered on whether a plaintiff who is a member of a majority group must meet a higher...more

Constangy, Brooks, Smith & Prophete, LLP

A sneak peek at what a religious accommodation trial might look like for a guy who can't work Sundays

After the case went all the way to the U.S. Supreme Court, on January 30 a federal district court denied dueling motions for summary judgment filed by Postmaster General Louis DeJoy, the U.S. Postal Service, and former Postal...more

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

Holland & Hart LLP

Tenth Circuit Weighs in on Reductions in Force: Takeaways for Employers

Holland & Hart LLP on

The Tenth Circuit affirmed summary judgment in favor of Spirit AeroSystems in a discrimination case related to a 2013 reduction-in-force (RIF). The plaintiffs had alleged that the company targeted older workers in a...more

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

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

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

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

Genova Burns LLC

New Jersey Appellate Division Rules Termination Of An Older Employee Is Not Always Age Discrimination

Genova Burns LLC on

On May 26, 2023, the New Jersey Appellate Division in Kalloo v. New York New Jersey Rail, LLC affirmed summary judgment in favor of the employer finding there was no evidence that age played any role in the termination of the...more

Bradley Arant Boult Cummings LLP

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

Miller Canfield

6th Circuit Clarifies Opposition Clause of Title VII - Performance of Regular Job Duties as Protected Activity

Miller Canfield on

Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more

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

Alabama Worker’s ADA Suit Runs Out of Air: Federal Court Dismisses Failure to Accommodate and Retaliation Claims

The U.S. District Court for the Northern District of Alabama recently granted summary judgment to United States Steel Corporation, finding that the company did not deny Raymond Carr III, a former employee with chronic...more

U.S. Equal Employment Opportunity Commission...

Driven Fence Agrees to Pay $25,000 to Settle EEOC Race Harassment Lawsuit

Fencing Company's Mistreatment of Black Employee, Including Racial Slurs and Noose Display, Forced Him to Quit, Federal Agency Charged - CHICAGO - A Melrose Park, Ill., fencing company will pay $25,000 and furnish other...more

U.S. Equal Employment Opportunity Commission...

M&T Bank Will Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Bank Failed to Accommodate Manager With Pregnancy-Related Disability, Federal Agency Charged - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, will pay $100,000 and provide significant...more

Bradley Arant Boult Cummings LLP

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

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

Genova Burns LLC

Employee’s Failure to Cooperate Deemed Fatal to Disability Pregnancy Claims

Genova Burns LLC on

The Appellate Division has stopped a former medical resident’s discrimination and constructive discharge claims from proceeding because the resident did not do everything in her power to remain employed. On August 2, 2019, in...more

Littler

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

Littler on

On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more

Parker Poe Adams & Bernstein LLP

Absent Health Impairment, Obesity Is Not an ADA Disability

The ADA Amendments Act of 2008 substantially expanded the definition of protected disabled persons under federal anti-discrimination laws. In most circumstances, employers do not spend much time arguing that the plaintiff is...more

Seyfarth Shaw LLP

Following Supervisor’s “Not Working Out” Comment, EEOC Defeats Employer’s Motion For Summary Judgment In ADA Lawsuit

Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal district court in Arkansas recently denied an employer’s motion for summary judgment on two EEOC-initiated ADA claims – in EEOC v. Crain Automotive Holdings LLC, No. 4:17-CV-627, 2019 U.S. Dist....more

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

I Hate My Boss: Sixth Circuit Shuts Down ADA Request for Less Stressful Boss

The Sixth Circuit Court of Appeals recently reminded employers that, even under the more liberal standard for establishing a disability under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), an employee who...more

Bradley Arant Boult Cummings LLP

Doctor, Doctor: Fourth Circuit Allows Case to Proceed on Employee Medical Exam

When can you send an employee for a medical exam? In EEOC v. McLeod Health, Inc., the Fourth Circuit recently provided some guidance and allowed a plaintiff’s claim for an illegal medical exam to proceed to the jury despite...more

Troutman Pepper Locke

Inconsistent Factual Accounts Could Support An Inference Of Retaliation

Troutman Pepper Locke on

Q. Is there anything I should look out for in documenting my legitimate business reason for terminating an employee? A. The United States Appeals Court for the Seventh Circuit (covering Illinois, Indiana and Wisconsin)...more

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