Latest Posts › Summary Judgment

Share:

Don’t Drop a Vein: Sixth Circuit Affirms Dismissal of Surgical Assistant’s Age Suit

Employment lawyers always win war story contests at cocktail parties. Facts like the ones in Davis v. ULP provide ample fodder for those type of conversations. Performance Problems or Age Discrimination? The...more

Failing to Cite? Say Bye to Employment Claims in the 5th Circuit

Does a plaintiff have to specify not only the facts but also the law that applies? In Bye v. MGM Resorts, Inc., the Fifth Circuit looks at a common pleading issue: What do you do when a plaintiff pleads facts that may or may...more

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil

In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...more

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

Same Name, Different Blame: Sixth Circuit Finds Distinction Between Troopers in Race

One of the essential factors for plaintiffs in discrimination cases can be showing that they were treated differently than a similarly situated co-worker — the inference being that they were treated differently because of...more

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

Not a Bad Place to Be: Fifth Circuit Addresses the “Highly Compensated” Exemption Under the FLSA

Sometimes employment laws can make the common person’s head spin. That certainly could be the case for a recent Fifth Circuit opinion examining the “highly compensated” regulatory exemption from the overtime requirements of...more

The Italian Job: Fifth Circuit Confirms Pleading Standard for National Origin Discrimination Claim

Employment law is full of burden-shifting, prima facie standards and evidentiary hurdles. Sometimes, even the courts apply the wrong standard at the wrong stage of a case. That appears to be what happened in the case of...more

Fifth Circuit Rejects Title VII Transgender Protection, but Grants Summary Judgment on Other Grounds

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

Crosstown Traffic! Facts Surrounding Employee’s ADA/FMLA Request to Avoid Bad Traffic Not Enough

Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers...more

Moving Up the Naughty List: Level of Progressive Discipline Can Be Non-Discriminatory Reason, Says Eighth Circuit

Many employers have progressive discipline policies. Are they always followed? Probably not. Should they be? Absolutely, and Lindeman v. St. Luke’s Hospital of Kansas City, a recent case in the Eighth Circuit, demonstrates...more

Point for the (Work from) Home Team? Sixth Circuit Says Attendance at Work Not Automatically an Essential Work Function

“You have to show up for work—it’s a part of your job.” Attendance at the workplace is an essential work function in an ADA case. But is it really anymore? With technology, some would argue that many jobs can be done from...more

“Don’t Tase Me, Boss!” Eleventh Circuit Reinstates Claims of Police Officer Who Refused Taser Training

If an employee gets a doctor’s note saying she can’t participate in training because of a physical limitation, does that make her disabled? It might if you treat her like she is—at least that is what the Eleventh Circuit...more

Hug It Out at Work? Maybe Not in the Ninth Circuit

When does workplace hugging go too far? The Ninth Circuit Court of Appeals recently weighed in with an opinion. Victoria Zetwick, a county correctional officer, based her Title VII hostile work environment suit almost...more

The Full Monty is Still Full-on Sexual Harassment—The Tenth Circuit Gets It Right

From the “You’d Think This Would Be Obvious” file in August, the Tenth Circuit reversed a district court’s granting of summary judgment in favor of an employer in a case in which a male employee allegedly exposed his genitals...more

Give Them a Pinch, and They’ll Take a Mile: Eighth Circuit Affirms Employer’s Summary Judgment in Male on Male Sexual Harassment...

On December 2, the Eighth Circuit Court of Appeals affirmed summary judgment on behalf of Swedish Match North America, Inc. in a case in which its former male salesperson, Donald Rickard, claimed he suffered age and sex...more

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide