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Remand Retaliation Title VII

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Rumors About Sex for Promotions Constitute Actionable Sexual Harassment

Successful women have long been the subject of rumors that promotions or other career advancements were the result of their “sleeping their way to the top.” Earlier this month, the Fourth Circuit Court of Appeals (which...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to File Timely EEOC Charge Does Not Deprive Court of Jurisdiction

In a recent EmployNews article, we reported on a federal appellate circuit split over how courts should dispose of employment discrimination suits where the plaintiff fails to file an EEOC charge within the required statutory...more

Parker Poe Adams & Bernstein LLP

Employer's Failure to Respond to Other Employees' Complaints Advances Harassment Claim

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

Carlton Fields

Fifth Circuit Reversed Judgment Compelling Arbitration Because Unsigned Arbitration Agreement Was Invalid

Carlton Fields on

This matter involved a lawsuit brought in Texas federal court by a former employee (Huckaba) against Ref-Chem L.P., alleging sexual harassment, discrimination and retaliation in violation of Title VII. ...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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Standard for Adverse Action in Retaliation Claim is Significantly Lower Than That for Discrimination Claims

The Supreme Court’s 2006 Burlington Northern decision concluded that employers engage in retaliation against protected employees when they take action that would deter a reasonable person from filing an EEOC charge or...more

Fenwick & West LLP

Fenwick Employment Brief

Fenwick & West LLP on

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

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