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 -

Littler Lightbulb: August Appellate Roundup

Littler on 9/6/2024

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Second Circuit Clarifies Federal Law on Employment Retaliation Claims

Bond Schoeneck & King PLLC on 8/22/2023

In a recent decision, the U.S. Second Circuit Court of Appeals, the federal appeals court covering New York and adjacent states, sought to clarify the federal law standard for evaluating retaliation claims under the principal...more

How Little May An Employee Allege For Retaliation Protection?

Jackson Lewis P.C. on 3/29/2021

The question of when a worker has raised concerns about discrimination sufficient to gain retaliation protection has not been answered consistently and clearly by courts. A case in Texas may provide clarification...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

COVID-19 Employment Litigation Trends

Seyfarth Shaw LLP on 7/10/2020

The COVID-19 pandemic has spawned a wave of employment litigation directly and indirectly based on COVID-19-related health risks and employers’ response to the crisis. ...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

Waterford School District to Pay $107,000 to Settle EEOC Retaliation Lawsuit

U.S. Equal Employment Opportunity Commission... on 9/20/2019

School District Failed to Recall Teacher in Retaliation for His Age Discrimination Complaints Federal Agency Charged - DETROIT - The Waterford Public School System, a school district in Waterford, Mich., will pay $107,000...more

EEOC Sues KU Medical Center for Firing Whistleblower Who Exposed Age Discrimination

U.S. Equal Employment Opportunity Commission... on 9/9/2019

Department Retaliated When Manager Reported Age Bias in Hiring, Federal Agency Charges - ST. LOUIS - The University of Kansas Medical Center (KUMC) violated federal law when it discharged a manager who alerted officials...more

California Jury Awards $15.4 Million to Former Jack in the Box Employee

Proskauer - California Employment Law on 6/21/2019

In a decision unsurprising to anyone familiar with what California juries have been up to lately, fast-food titan Jack in the Box was ordered to pay $15.4 million (including a staggering $10 million in punitive damages) last...more

New Mexico Corrections Department to Pay $700,000 to Settle EEOC Age Discrimination/Retaliation Suit

U.S. Equal Employment Opportunity Commission... on 6/12/2019

Older Workers Denied Promotions and Suffered Retaliation for Complaining, Federal Agency Charged - ALBUQUERQUE, N.M. - The State of New Mexico, Corrections Department (NMCD), the state agency that operates correctional...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

EEOC Fiscal Year-End Lawsuits Filed Provide Insight into Agency Priorities

Baker Donelson on 10/17/2018

Every year around this time, as regular as college football tailgates and traffic jams, the EEOC files a flurry of lawsuits before the completion of its fiscal year at the end of September. ...more

New SCOTUS Term Starts With A Whimper…Will It End With A Bang?

Fisher Phillips on 10/5/2018

The Supreme Court term that wrapped up in June was one of the most exciting sessions for workplace law in recent memory, with several blockbuster decisions impacting a wide range of labor and employment law issues. From...more

Mariscos Altata To Pay $220,000 To Settle EEOC Sexual And Age-Based Harassment and Retaliation Lawsuit

U.S. Equal Employment Opportunity Commission... on 9/21/2018

Phoenix Restaurant Subjected Women to Physical and Verbal Abuse, Federal Agency Charges - PHOENIX - Phoenix restaurant Francisco Fine Foods LLC, doing business as Mariscos Altata, agreed to pay $220,000 and furnish other...more

EEOC Lawsuit Push Takes Aim At Hospitality Employers

Fisher Phillips on 9/12/2018

In the first half of August 2018 alone, the U.S. Equal Employment Opportunity Commission (EEOC) filed 16 lawsuits against employers—and hospitality employers should be especially wary about this surge of litigation, as...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

The Seventh Circuit Affirms Standards for Retaliation Claims

Faegre Drinker Biddle & Reath LLP on 4/6/2018

In Skiba v. Illinois Central Railroad Company, the Seventh Circuit issued a helpful decision for employers facing retaliation claims under Title VII and the Age Discrimination in Employment Act (ADEA). The case involved a...more

Single Ageist Comment May Be Insufficient To Sustain Age Discrimination Claim

Troutman Pepper on 4/3/2018

Q. If a supervisor makes a comment about an employee’s age, will the company be liable for age discrimination? A. While ageist comments are never appropriate in the workplace, an Illinois federal court recently ruled...more

EEOC Sues Waterford School District for Retaliation

U.S. Equal Employment Opportunity Commission... on 3/30/2018

School District Failed to Recall Teacher in Retaliation for His Age Discrimination Complaint, Federal Agency Charges - DETROIT - The Waterford Public School System, a school district located in Waterford, Mich., violated...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

Third Circuit Rules that Employer-Friendly “But For” Causation Standard Applies to False Claims Act Retaliation Claims

Mintz - Employment Viewpoints on 1/16/2018

In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower...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

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