What's the Tea in L&E? Supervisor Liability: What Managers Need To Know
What's the Tea in L&E? One Time Too Many: What is “Severe” Conduct?
What's the Tea in L&E? Truth Hurts or Rumors? Lizzo’s Harassment Allegations Serve As A Good Reminder
Bystander Responsibility in the Era of #MeToo: Lessons Learned From Apple TV’s The Morning Show - Hiring to Firing Podcast
Constangy Webinar - DEI Audits: Tools to Enhance Your DEI Practices
#WorkforceWednesday: Judge Barrett’s Employment Law Record, Arbitrator to Rule on Postmates’ Challenge, Responding to Frivolous Lawsuits - Employment Law This Week®
[WEBINAR] Labor & Employment Law: What Changed in 2017
Episode 37: How To Provide Meaningful Employment Training (…and Also Comply With NYC Law)
Employment Law This Week®: Workplace Harassment Review in Federal Courts, DOL Opinion Letters, NLRB Nomination, ICE Raids
This Week in FCPA-Episode 74
Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez
Employment Law This Week: U.S. Supreme Court Nominee, California’s Anti-Harassment Regulations, Oregon’s Minimum Wage, Whistleblower Legislation
AB1825 Training and Anti-Harassment and Discrimination Training
Waldman: Stop Immunizing Websites That Allow Harassment
Stefan Hankin on Online Harassment
Polsinelli Podcasts - Workplace Bullying: What Employers Need to Know
Annual Labor & Employment Update 2013
Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more
If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more
Last week, the Sixth Circuit Court of Appeals rejected claims from a university professor that she had been subjected to a series of retaliatory acts in the two- and one-half year period following her filing an Equal...more
The U.S. Court of Appeals for the Fourth Circuit has expanded its view of what a hostile work environment looks like and lowered the bar in terms of what a plaintiff must show to sufficiently allege a race-based hostile work...more
On August 26, 2022, the Third Circuit affirmed a grant of summary judgment in favor of an employer, holding that whistleblower retaliation protections in the False Claims Act did not protect an employee from being discharged...more
Report on Patient Privacy 20, no. 2 (February 2020) - A ruling from Georgia’s highest state court could set a precedent that determines recourse for victims of cyberattacks. The Georgia Supreme Court ruled in late December...more
Prevention of occupational hazards and management of matters related to safety and the protection of health at work are major concerns for all those involved in labor law. This newsletter reviews five notable court...more
This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more
Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) - Summary: Term “regular rate of compensation” for calculating meal or rest break premium payments is not synonymous with term...more
Employers may be liable to their employees for harassment by non-employees under Title VII. Courts have found liability for this so-called “third-party harassment” in some of the following fact-specific contexts: waitresses...more
Sanchez v. Brawley Elementary School District, 719 Fed. Appx. 723 (9th Cir. 2018) The Ninth Circuit Court of Appeals affirms District Court’s ruling that a student’s conduct of kneeing her alleged harasser did not constitute...more
Under Title VII, employers are generally strictly liable for harassing conduct by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court developed a limited defense for employers accused of supervisor...more
In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...more
Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more
This month’s key California employment law cases involve disability discrimination claims and procedural issues related to workers’ compensation proceedings....more
The California Court of Appeal recently held that employees’ workers’ compensation decisions barred them from pursuing similar claims under the Fair Employment and Housing Act (“FEHA”) based on the doctrine of res judicata. ...more
Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in...more
The Fifth Circuit Court of Appeals recently affirmed the dismissal of a Title VII retaliation claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim where the plaintiff premised her...more
A recent Fourth Circuit Court of Appeals ruling may offer employers in North and South Carolina another defense against an employee’s retaliation claim: No liability for adverse action against an employee based on the...more
In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently...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
Federal law requires a governmental employee to file a constructive discharge claim with the Equal Employment Opportunity Commission within 45 days of the “matter alleged to be discriminatory.” The vagueness of that phrase...more
In this case, a former employee of a retail store appealed to the California Supreme Court seeking reversal of an appellate court decision which found that an arbitration agreement in her employment application was not...more
In Arizona Ex Rel. Horne v. The Geo Group, No. 13-16081 (9th Cir. Mar. 14, 2016), the U.S. Court of Appeal for the Ninth Circuit vacated the district court’s summary judgment orders and reinstated a pattern or practice action...more
Employers in the Fourth Circuit states of Maryland, North Carolina, South Carolina, Virginia and West Virginia must now be mindful that employees who deal with complaints of discrimination and harassment can point to that...more