Hot Spots in Employment Law 2022
High at Work? Key Considerations for NYS Employers Regarding Legal Adult-Use Marijuana
DE Talk: Disability Education & Accessibility: Overcoming the Digital Divide
Illegal or ill-mannered? Title VII meets Ms. Manners
Williams Mullen's COVID-19 Comeback Plan: Conducting Reductions in Force Post COVID-19
Podcast: IP(DC): Drug Prices, Political Pressures & Patents
II-25 – Top 10 New Year’s Resolutions for Employers in 2018
I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination
I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
In employment law, we traditionally think of discrimination as applying to minority groups: African Americans, women, homosexuals, or other legally protected groups. In analyzing discrimination claims, one of the first...more
The U.S. Supreme Court unanimously rejected use of a special legal test for plaintiffs to prove illegal bias in reverse discrimination cases. ...more
A recent Supreme Court decision clarified that discrimination claims brought by members of majority groups in so-called “reverse discrimination” cases cannot be subject to a heightened evidentiary burden. In Ames v. Ohio...more
On August 18, 2023, the Fifth Circuit overturned its longstanding precedent established in Dollis v. Rubin, 77 F.3d 777 (5th Cir. 1995). The new standard created in Hamilton v. Dallas County, case number 21-10133, allows for...more
In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the requirements that must be met for an employee to identify a similarly situated comparator for purposes of a Title VII claim. Gamble v. FCA...more
In Wittmer v. Phillips 66, Judge James Ho of the Fifth Circuit wasted no time stating the Fifth Circuit’s position on whether sexual orientation or transgender status are protected classes under Title VII – they are not....more
In what appears to be the first time a federal appeals court has extended the nation’s main federal employment discrimination statute to cover transgender and transitioning employees, the 6th Circuit Court of Appeals...more
Another federal court of appeals decided today that Title VII covers claims of sexual orientation discrimination, continuing the evolution of workplace discrimination law that has begun to sweep over the country in recent...more
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more
When a terminated employee alleges that her firing resulted from discrimination or retaliation, employers often dispute those claims by noting that the employer never hired anyone to take the terminated employee’s position....more
Employers and employees often face frustrations when trying to determine the identity of persons who engage in anonymous acts of harassment in the workplace. These acts can involve notes, graffiti, telephone messages or other...more
On January 14, 2015, in a case of first impression, the New York Supreme Court, Appellate Division, Second Department held that an employee can sufficiently demonstrate his membership in a protected class by virtue of his...more