News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Hiring & Firing Termination

Bricker Graydon LLP

EEOC Cracks Down on Harassment of Transgender Employees

Bricker Graydon LLP on

On October 25, 2024, the Equal Employment Opportunity Commission (”EEOC”) issued a press release stating it was suing a Michigan restaurant for discrimination. The EEOC alleged Culver’s violated federal law when firing a...more

Fishman Haygood LLP

The U.S. Fifth Circuit Applies American Pipe to Preserve Putative Class Member’s Discrimination Claims

Fishman Haygood LLP on

The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues X-Treme Tech Services for Sexual Harassment and Retaliation

Federal Agency Charges Company Fired Female Employee After She Resisted Supervisor’s Sexual Advances - THIBODAUX, La. – X-Treme Tech Services, LLC, which provides marine electronic services, violated federal law when a...more

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Ward and Smith, P.A.

Having the Talk: How Employers Should Prepare for Difficult Disciplinary Situations

Ward and Smith, P.A. on

Every employee hired is expected to be a team player and integrate into the employer's culture to cultivate success. However, nearly all employers find out at some point that new hires do not always work out as planned....more

U.S. Equal Employment Opportunity Commission...

Vicars Powersports to Pay $75,000 in EEOC Sex Discrimination Lawsuit

Federal Agency Charges Dealership Fired Female Manager and Replaced Her With Less Experienced Male - ST. LOUIS – Vicars Powersports, a McAlester, Oklahoma retailer of motorsports vehicles, will pay $75,000 and furnish...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Iron Hill Brewery for Race Discrimination and Retaliation

Federal Agency Charges Buckhead Restaurant Fired Employee Because of His Race and For Reporting Mistreatment of Others - ATLANTA – Iron Hill Brewery of Buckhead, LLC, and Iron Hill Brewery, LLC, a chain of breweries and...more

U.S. Equal Employment Opportunity Commission...

Cash Depot Pays $55,000 to Settle EEOC Disability Discrimination Lawsuit

ATM Service Provider Resolves Federal Lawsuit Charging That It Failed to Accommodate And Fired Employee Because of Disability - HOUSTON – Cash Depot, LTD, a privately owned, independent ATM service provider headquartered...more

U.S. Equal Employment Opportunity Commission...

PRC Industries Pays $400,000 to Settle EEOC Racial Harassment, Retaliation Lawsuit

Settles Federal Charges E-Commerce Company Fired Black Workers Who Reported Racial Slurs - RENO, Nev. — PRC Industries, Inc., an E-commerce remanufacturing company, will pay two former employees of its Reno, Nevada,...more

Sheppard Mullin Richter & Hampton LLP

What Does Affirmative Action’s Death Knell Mean for Employers?

At the end of June, the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows Of Harvard College, Nos. 20-1199 & 21-707, 2023 WL 4239254 (U.S. June 29, 2023), outlawed race-based...more

Genova Burns LLC

New Jersey Appellate Division Rules Termination Of An Older Employee Is Not Always Age Discrimination

Genova Burns LLC on

On May 26, 2023, the New Jersey Appellate Division in Kalloo v. New York New Jersey Rail, LLC affirmed summary judgment in favor of the employer finding there was no evidence that age played any role in the termination of the...more

Goodwin

NLRB Concludes that Separation Agreement Provisions Prohibiting Disparagement and Requiring Confidentiality of Agreement Terms...

Goodwin on

In its recent decision in McLaren Macomb, the National Labor Relations Board (“NLRB” or the “Board”) concluded that provisions in employment separation agreements prohibiting disparagement of the employer and requiring...more

Bradley Arant Boult Cummings LLP

Was There a Rainbow Connection? Arkansas Court Allows Religious Discrimination Case to Go Forward over Apron Symbol

Accommodating an employee’s sincerely held religious beliefs can be tricky. In EEOC v. Kroger, a court in Arkansas gives some guidance on how to handle these claims. The case law surrounding religious failure-to-accommodate...more

Bradley Arant Boult Cummings LLP

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

Foley Hoag LLP

New EEOC Guidance Explains ADA Protections For Opioid Users

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The rise in opioid use and addiction in the United States has raised complicated issues for employers. On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) addressed some of these issues by issuing...more

Foley & Lardner LLP

LGBTQ Employees Can Sue for Termination – What Other Employment Policies Do You Now Need to Review?

Foley & Lardner LLP on

A few weeks ago, we told you the story of Hannah and Bob, and the U.S. Supreme Court’s landmark holding that under Title VII of the Civil Rights Act of 1964, it is impossible to discriminate against a person for being gay,...more

Butler Snow LLP

Sixth Circuit Court of Appeals Provides Guidance as to When Increased Scrutiny May Show Unlawful Retaliation

Butler Snow LLP on

Federal law (as well as many states’ law) forbids an employer from retaliating against an employee who engages in protected activity, such as complaining of unlawful discrimination. One way that many employees seek to...more

U.S. Equal Employment Opportunity Commission...

Diamond B & Harris Companies Pay $100,000 to Settle EEOC Disability Discrimination Suit

Company Fired Certified Rigger Due to Epilepsy, Federal Agency Charged - SEATTLE - A Bellingham, Wash.-based company formerly doing business as Diamond B Constructors, Inc. and its successor, Harris Companies, will pay...more

Proskauer - Labor Relations Update

NLRB: Outsized Payment to Union Supporter to Waive Reinstatement in Board Settlement Not Unlawful Bribe

Shamrock Foods Company, 369 N.L.R.B. No. 5 (January 7, 2020) is the latest in the National Labor Relations Board’s series of employer-friendly decisions. In Shamrock Foods, the Board held that an employer did not violate...more

Seyfarth Shaw LLP

Tennessee Federal Court Axes ADA Anxiety Discrimination Claim And Grants Summary Judgment To Employer Against The EEOC

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an EEOC disability discrimination lawsuit alleging that an employer failed to accommodate and then wrongfully terminated a laundry technician with anxiety, the U.S. District Court for the Middle District...more

Jackson Lewis P.C.

Can You Be “Regarded As” Disabled Based On A Potential Future Disability?

Jackson Lewis P.C. on

This certainly sounds futuristic. (Pun intended.) Still, in a case just decided by the Eleventh Circuit Court of Appeals, EEOC v. STME, LLC, the EEOC espoused precisely this position. The EEOC sued STME for disability...more

Jackson Lewis P.C.

Ninth Circuit Dodges The Question Of Whether Morbid Obesity Is An “Impairment” Under The ADA; EEOC Says Yes

Jackson Lewis P.C. on

On August 20, 2019, the Ninth Circuit dodged answering the question of whether morbid obesity is a disability under the Americans with Disabilities Act. In Valtierra v. Medtronic Inc., No. 17-15282, the Ninth Circuit affirmed...more

Haynsworth Sinkler Boyd, P.A.

Can Background Checks Be Conducted On Current Employees?

Most employers run background checks on prospective employees when hiring. Some employers have policies in place that allow them to conduct background checks on current employees. ...more

Troutman Pepper

Inconsistent Factual Accounts Could Support An Inference Of Retaliation

Troutman Pepper on

Q. Is there anything I should look out for in documenting my legitimate business reason for terminating an employee? A. The United States Appeals Court for the Seventh Circuit (covering Illinois, Indiana and Wisconsin)...more

Constangy, Brooks, Smith & Prophete, LLP

Employers, just say no to these disability/pregnancy practices!

A new lawsuit filed by the EEOC is a good guide for employers on what not to do. The Equal Employment Opportunity Commission has filed a class action lawsuit in federal court in New York against a group of senior care and...more

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