News & Analysis as of September 15, 2024

Employer Liability Issues

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Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects those workers or applicants who are over the age of forty. Some state laws expand age discrimination protection to younger workers as well. Age Discrimination can take many forms including persistent harassment based on a person's age, demotion, unjustified pay disparities, passing over for opportunity, or any other adverse employment action motivated by an individual's age. less -

Fourth Circuit Reverses Dismissal of Age Discrimination Claim by Recent Hire

Parker Poe Adams & Bernstein LLP on 5/3/2024

The "Same Actor Inference" is a legal principle that recognizes the logical gap when an employee alleges that they were terminated based on membership in a protected classification, by a manager who recently hired them with...more

‘POWR’ Play: Colorado Law Tips the Scale in Favor of Employees Regarding Employment Claims, Nondisclosure Agreements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/8/2023

On June 7, 2023, Governor Jared Polis signed Senate Bill (SB) 23-172 into law, radically transforming Colorado’s employment discrimination legal landscape by expanding the Colorado Anti-Discrimination Act (CADA)....more

Employers, Don’t Let Your Guard Down: COVID-19–Related Employment Lawsuits Are in Full Swing

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/29/2020

We previously reported on COVID-19–related employment lawsuits that we tracked from late March 2020 through early May 2020. Since then, the number of lawsuits has steadily risen as employers have resumed operations after...more

Emerging Trends In COVID-19 Workplace Litigation

Fisher Phillips on 8/6/2020

As of this writing, employees from across the country have filed more than 430 COVID-19-related lawsuits against their employers and former employers. Not all of these claims have focused on the Family First Coronavirus...more

Another COVID-19 Litigation Hazard: Essential Employer Sued For Not Allowing Work From Home

Fisher Phillips on 6/16/2020

An engineer terminated for job abandonment just sued his former employer for not allowing him to work from home due to the COVID-19 pandemic. According to his complaint, Yiyu Lin, a 55-year-old Chinese-American engineer with...more

EEOC FY 2019 Statistics Released: Charges of Discrimination are at an All-Time Low But the Percentage of Retaliation Charges...

Butler Snow LLP on 2/6/2020

There are a few surprises in the enforcement and litigation statistics for FY 2019 released by the Equal Employment Opportunity Commission (“EEOC”). The EEOC’s data shows that there were only 72,675 charges of discrimination...more

Placing Employee on Performance Improvement Plan Does Not Count as Adverse Action

Parker Poe Adams & Bernstein LLP on 11/20/2019

In order to state a claim of employment discrimination under federal civil rights laws, employees must demonstrate that they have been subjected to an adverse action. In most cases, the employee has been fired, demoted, or...more

Recent Appellate Division Decision Reminds Employers of the Rewards of Diligence

Genova Burns LLC on 3/13/2019

The New Jersey Appellate Division’s recent decision in Aryee v. Newark Beth Israel Medical Center on February 20, 2019 demonstrates that even in an increasingly pro-employee environment, employers can prevail in...more

Massachusetts Supreme Judicial Court Holds Denial of Lateral Transfer May Constitute Adverse Employment Action

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/7/2019

On January 29, 2019, the Massachusetts Supreme Judicial Court issued a decision that addressed for the first time whether an employer’s failure to grant an employee’s lateral transfer request could support an employment...more

November 2018: The Top 12 Labor And Employment Law Stories

Fisher Phillips on 12/4/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Cue the Organ Music: Court Administers the Ministerial Exception to Music Minister

Bradley Arant Boult Cummings LLP on 8/7/2018

Can an organist really be considered a church minister? In a detailed and unique opinion, an Illinois federal court applied the First Amendment’s religious clauses to a church employee who claimed he had been discriminated...more

Annual Report on EEOC Developments — Fiscal Year 2017

Littler on 2/28/2018

This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case...more

EEOC: Retaliation Tops Discrimination Charges Filed In Fiscal Year 2017

Jackson Lewis P.C. on 2/13/2018

Retaliation was the most common workplace discrimination charge received by the U.S. Equal Employment Opportunity Commission in fiscal year (FY) 2017, according to the agency. (The fiscal year runs from October 1 to September...more

What Was The EEOC Up To This Year? Takeaways From 2017

Bradley Arant Boult Cummings LLP on 12/27/2017

The U.S. Equal Employment Opportunity Commission’s fiscal year ended on Sept. 30, 2017 and it has released its yearly "Performance and Accountability Report." Although this is a look back, it provides insight on what is...more

Promoting Workplace Diversity in Times of Trouble

Spilman Thomas & Battle, PLLC on 3/9/2016

The population in the United States – and by extension, the workforce – is becoming increasingly diverse. According to projections from the U.S. Census Bureau, by 2044, racial and ethnic minorities will be the majority in the...more

Ninth Circuit Dismisses Worker’s “‘Sweeping Conclusory Allegations’ of Unequal Treatment”

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/25/2014

McClain v. County of Clark, No. 12-16888 (October 10, 2014): The Ninth Circuit Court of Appeals recently sided with an employer in a case in which the former employee claimed that he was subjected to ageist remarks. According...more

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