News & Analysis as of

Motion for Summary Judgment Employment Litigation

Constangy, Brooks, Smith & Prophete, LLP

Employee quits but tries to take it back: Can she do that?

A true story, somewhere. You are Dilbert, the head of Human Resources for a fictional company that is not perfect but still a pretty decent place to work. You have an employee, Dolores, who is more trouble than she’s...more

Proskauer - Government Contractor Compliance...

Ninth Circuit Orders Release of Federal Contractor EEO-1 Reports

On July 30, 2025, the U.S. Court of Appeals for the Ninth Circuit ruled that the Department of Labor (“DOL”) must disclose federal contractor EEO-1 Reports requested by the Center for Investigative Reporting (“CIR”). The...more

Fox Rothschild LLP

Prepare for Big Changes Coming to California Summary Judgment Motion Deadlines In 2025

Fox Rothschild LLP on

Head’s up to all employment litigators in California – changes are coming to the procedural rules governing filings for Motions for Summary Judgment and Summary Adjudication come January 1, 2025. Both plaintiffs and...more

Bass, Berry & Sims PLC

Supreme Court Holds That Employees Need Not Show “Significant” Harm to Support a Title VII Discrimination Claim Based on a Job...

Bass, Berry & Sims PLC on

In a recent decision, the United States Supreme Court ruled that a lateral job transfer can – in certain circumstances – be an illegal adverse action and support a claim for a lawsuit for unlawful discrimination. This...more

Quarles & Brady LLP

Supreme Court Identifies Employee-Favorable Standard for Workplace Discrimination Claims

Quarles & Brady LLP on

On April 17, 2024, the Supreme Court held in Muldrow v. City of St. Louis that an employee alleging a discriminatory job transfer need only show “some injury” respecting their employment terms or conditions, rather than a...more

Seyfarth Shaw LLP

California Supreme Court Attempts To Clarify Issues Of Control

Seyfarth Shaw LLP on

On March 25, 2024, the California Supreme Court unanimously answered three questions regarding the meaning of "hours worked” that had been certified to it by the Ninth Circuit Court of Appeal. This ruling illuminates what...more

Seyfarth Shaw LLP

The Death of Rounding Practices May Be Around the Corner

Seyfarth Shaw LLP on

Seyfarth Synopsis: Neutral rounding policies have long been approved by the California courts. See’s Candy Shops, Inc. v. Superior Court (2012). However, the California Court of Appeal recently held that employers who “can...more

Seyfarth Shaw LLP

Splitting The Baby: Federal Court In Florida Grants In Part And Denies In Part Employer’s Motion For Summary Judgment In Pregnancy...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an EEOC-initiated pregnancy discrimination lawsuit, a federal district court in Florida granted in part and denied in part the employer’s motion for summary judgment, finding there were several genuine...more

Genova Burns LLC

NJ Appellate Narrows the Road in Auto Dealership’s Sexual Harassment Case

Genova Burns LLC on

On May 18, 2021, in McBride v. Atlantic Chrysler Jeep, the New Jersey Appellate Division revived a Sales Consultant’s hostile work environment case against a car dealership after the Law Division previously dismissed it in...more

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

Federal District Court Highlights the Risk of Inaccurate and Inconsistent Communications Regarding Leaves of Absence

In Knaup v. Molina Healthcare of Ohio, Inc., (No. 2:19-cv-166) the United States District Court for the Southern District of Ohio addressed whether an employee had received an extension of time for submitting medical...more

McAfee & Taft

Judge’s dismissal of USWNT’s unequal pay claim provides helpful reminders for employers

McAfee & Taft on

In March of 2019, members of the U.S. Women’s National Soccer Team (WNT) filed a collective and class action in federal court against the United States Soccer Federation, Inc. (USSF), asserting claims under Title VII and the...more

Bradley Arant Boult Cummings LLP

Unpaid Interns and a Lunch Order Gone Bad: Jury Returns FLSA Retaliation Verdict Against Martina McBride’s Production Company

A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor...more

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

Sixth Circuit Considers Whether Comparator Info is Discoverable in a Failure to Promote Case

In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit Court of Appeals considered the discoverability of comparator information in a case involving an allegation that an employer failed to promote an employee....more

Genova Burns LLC

Appellate Division Again Reminds Employers: Don't Rush the Interactive Process, You've Made that Mistake Before

Genova Burns LLC on

On December 6, 2019, the New Jersey Appellate Division in V. L. v. Hunterdon Healthcare et. al., reversed and remanded a trial court’s order dismissing an employee’s claims of disability discrimination and retaliatory...more

Butler Snow LLP

#MeToo sexual harassment claims against court clerk go to jury trial

Butler Snow LLP on

Like Title VII of the Civil Rights Act of 1964, the Tennessee Human Rights Act (THRA) forbids sexual harassment as a form of sex discrimination. To be actionable, the harassment must be so severe or pervasive that it creates...more

Bradley Arant Boult Cummings LLP

Stick to Your Story: Employer’s Shifting Termination Justifications Can Cause Employer to Have to Explain Its Discharge Decision...

If you want to avoid potential liability from a former employee, remember a key maxim: Stick to your story about why you made the employment decision. If an employer shifts rationales for its decision or tries to pile on by...more

Genova Burns LLC

One and Done: NJ Appellate Court Rules that a Continuing Violation Under the NJLAD can Apply to a Hostile Work Environment Claim...

Genova Burns LLC on

The New Jersey Appellate Division in Adel Mansour v. Brooklake Club Corporation, Inc., d/b/a Brooklake Country Club, A-2472-17T1 (App. Div. July 10, 2019) recently considered a hostile work environment claim by an Egyptian...more

Jackson Lewis P.C.

Inconsistent Explanations For Adverse Action Leads To Denial Of Summary Judgment

Jackson Lewis P.C. on

A federal district court in Pennsylvania denied the Pittston Area School District’s motion for summary judgment, finding Plaintiff offered sufficient evidence to show the District’s stated reasons for denying Plaintiff a...more

Parker Poe Adams & Bernstein LLP

Plaintiff's Own Testimony Enough to Send Harassment Claim to Trial

When an employer moves for summary dismissal of a plaintiff’s employment discrimination or harassment claim, it must show that there is no genuine issue of material fact in dispute, thereby allowing the judge to make a...more

BakerHostetler

Washington Court Denies Plaintiffs’ Motion for Summary Judgment on Various Overtime Issues

BakerHostetler on

Overconfidence won’t overcome questions of fact - Most practitioners and human resource professionals are already familiar with the increasingly difficult wage and hour laws in California and its “Mini Me” to the east, New...more

Seyfarth Shaw LLP

Summary Judgment Denied For Employer Who Circulated Letter About Employee’s Disability Discrimination Charge

Seyfarth Shaw LLP on

Seyfarth Synopsis: After an employer circulated a letter to 146 employees discussing an employee’s EEOC Charge that alleged discrimination on the basis of his disability in violation of the ADA, a federal district court in...more

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