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Protected Class Retaliation

Maynard Nexsen

SCOTUS to Review the “Background Circumstances” Heightened Pleading Standard in Reverse Discrimination Cases

Maynard Nexsen on

On October 4, 2024, the Supreme Court of the United States granted a writ of certiorari,[1] agreeing to hear arguments in Ames v. Ohio Department of Youth Services, a Sixth Circuit case that seeks to determine whether the...more

Kohn, Kohn & Colapinto LLP

Legal Precedents Offer Novel Ways for Federal Employee Whistleblowers to Fight Retaliation

The system of anti-retaliation protections for federal employees who blow the whistle or speak out about their agency’s conduct is infamously weak. Under the Whistleblower Protection Act (WPA) and other laws, federal...more

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

‘Motive’ or ‘Animus’? Lessons From Appellate Practice

The term “animus” is often used interchangeably with “motive” by lawyers and courts, but the two words have different meanings and connotations, and confusion between them can become an unnecessary complication. None of us...more

IR Global

Sensitivity, inclusivity, and the intergenerational workplace - The Visionaries

IR Global on

Q1 What is recognised as ‘transgressive behaviour’ in the US – and is it in line with global ‘standards’? Transgressive behaviour, more commonly known in California and the United States as inappropriate workplace...more

Mintz - Employment Viewpoints

Update: EEOC Issues Final Guidance on Workplace Harassment

The United States Equal Employment Opportunity (“EEOC”) has issued its final guidance on “Enforcement Guidance on Harassment in the Workplace,” the first of its kind in over 20 years. This final guidance builds on a variety...more

Amundsen Davis LLC

“Hostile Work Environment”: Beyond the Buzz Words

Amundsen Davis LLC on

It is more and more common for employers to hear employee allegations of a “hostile work environment,” “harassment” or a “toxic workplace.” In some instances current or former employees are using those terms as a defense...more

Foley & Lardner LLP

Employer Retaliation Refresher In Light Of EEOC Virus Update

Foley & Lardner LLP on

The U.S. Equal Employment Opportunity Commission's COVID-19 technical guidance was first published in March 2020 and has been periodically updated throughout the pandemic to address new issues such as vaccine mandates. ...more

Jackson Lewis P.C.

Iowa Supreme Court Reverses $1.5 Million Verdict Against Former Governor In Sexual Orientation Discrimination Suit

Jackson Lewis P.C. on

After nearly a decade of litigation, in Godrey v. State of Iowa et al, Case No. 19-1954 (June 30, 2021), the Iowa Supreme Court reversed a jury verdict granting $1.5 million in damages and $3.1 million in attorneys’ fees to...more

Rivkin Radler LLP

The Employment Law Reporter - Spring 2021

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has dismissed an employment discrimination lawsuit brought by a former employee of the City University of New York. ...more

Fisher Phillips

Mining MSHA – Discrimination Complaints

Fisher Phillips on

Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

Constangy, Brooks, Smith & Prophete, LLP

Illegal or ill-mannered? Title VII meets Ms. Manners

Is it discriminatory to discipline employees for wearing #BLM face masks? When does Supervisor Karen cross the line from rude into discrimination? And join us to count down the top eight things you should never, ever say in...more

International Lawyers Network

Sexual Harassment In The Workplace: What US: Missouri Companies Need To Know

2019 Update - The #MeToo movement, which has grown international in scope, is a wide-ranging campaign to shed light on the occurrence of sexual assault and harassment, particularly in the workplace. The movement began in...more

Littler

Sixth Circuit Extends "Cat’s Paw" Liability Theory to FMLA Retaliation Claims

Littler on

Properly identifying the decisionmaker in an employment discrimination case is important because it is the intent of the decisionmaker that determines whether an adverse employment action was motivated by a discriminatory or...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says "Cat's Paw" Theory Applies to FMLA Retaliation Claim

Employers sometimes defend retaliation claims by responding that the person or persons making the adverse employment decision was not aware of the plaintiff’s prior complaint. In the employment discrimination context, the...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Replace Employee Does Not Defeat Discriminatory Termination Claim

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

Morgan Lewis

Amended California FEHA Regulations (Effective April 1, 2016)

Morgan Lewis on

All employers with employees in California should carefully review harassment, discrimination, and retaliation policies and practices to ensure compliance with amended FEHA regulations. New Requirements for a Written...more

Proskauer - California Employment Law

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

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