News & Analysis as of

Preemption Discrimination

Kohrman Jackson & Krantz LLP

Discrimination in Education: Do You Have a Title IX claim, a Title VII claim, or Can You Bring Both?

Title VII of the Civil Rights Act of 1964 (Title VII) and Title IX of the Education Amendments of 1972 (Title IX) both act to prevent discrimination. While Title VII governs employment relationships; Title IX applies in...more

Bressler, Amery & Ross, P.C.

Court Determines Federal Arbitration Act No Longer Preempts New Jersey Law Preventing Mandatory Arbitration in Sexual Harassment...

On May 25, 2022, the Essex County Superior Court in Sellino v. Galiher, et al., ESX-L-8519-21 (N.J. Super. Ct. May 25, 2022) denied the defendants’ motion to compel arbitration in a sexual harassment case, determining that...more

Poyner Spruill LLP

Title IX - A New Pathway for Sex Discrimination Claims by Medical Residents?

Poyner Spruill LLP on

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (Title IX) has received a lot of attention recently for its impact on college athletic programs. Both male and female sports have grown increasingly...more

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

Wisconsin Law Prohibits Local Regulation of Several Employment Issues, Does Not Preempt Discrimination Ordinances

On April 16, 2018, Wisconsin Governor Scott Walker signed an amended version of 2017 Assembly Bill 748, thereby declaring a number of employment issues to be matters of statewide concern and therefore beyond the scope of...more

Benesch

Airline Passenger Mistreatment Claim Dismissed

Benesch on

Recently, airlines have been subject to intense public scrutiny over several high-profile incidents over alleged mistreatment of passengers. These reports are not limited to one particular incident where a customer was...more

Littler

WPI State of the States: Crunch Time in the Statehouses Before Summer Break

Littler on

At this point in the year, many state lawmakers are wrapping up their efforts before summer, when many legislatures are in recess. Legislatures in roughly half the states have already concluded their sessions. Approximately...more

Seyfarth Shaw LLP

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

Littler

WPI State of the States — Legislative Proposals Are Taking Root

Littler on

As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more

Littler

WPI State of the States: Legislatures Saw a Flurry of Activity in February

Littler on

Statehouses across the country continue to propose legislation at a frenzied pace. In February, as in January, more than 500 bills concerning labor and employment issues were either introduced or addressed in some fashion....more

Proskauer - California Employment Law

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

K&L Gates LLP

Beyond the Bathroom: North Carolina’s H.B. 2 Also Flushes Local Employee Protections

K&L Gates LLP on

The recent enactment of North Carolina’s H.B. 2, known as the “Public Facilities Privacy & Security Act” (the “Act”) has received widespread attention for its controversial restrictions on the use of certain...more

Morrison & Foerster LLP

Financial Services Report, Fall 2015

BELTWAY - Straight Out of the Seventh Circuit The Seventh Circuit recently affirmed a lower court’s ruling that the SEC cannot be sued in district court to stop it from bringing an administrative action. Bebo v. SEC, No....more

Pullman & Comley, LLC

Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 3 of 3)

Pullman & Comley, LLC on

This is the final article of a three-part series about two recent decisions by federal courts in Connecticut and California: Viens v. America Empire Surplus Lines Ins. Co., No. 3:14cv952 (D. Conn. June 23, 2015), and Jones v....more

Holland & Knight LLP

Recent Rulings Find Preemption of State Law Claims and Enforce Airline Contracts of Carriage

Holland & Knight LLP on

In the past few months, courts have issued several decisions favorable to the airlines finding preemption of various state law claims and rejecting breach of contract claims. The decisions address a variety of passenger...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2013 Insights: Global Litigation

New legal ground is expected to be broken this year in areas of importance to companies and their directors, officers and executives. We see those developments coming from around the globe and defining the litigation...more

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