News & Analysis as of

Retaliation Age Discrimination Employment Litigation

Bradley Arant Boult Cummings LLP

Sex-Plus X – What’s That? Discrimination

Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the...more

Littler

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Fisher Phillips

Will Justice Ketanji Brown Jackson Treat Employers Well? The Magic 8-Ball Says: “Signs Point to Yes”

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When President Biden announced on Friday that Judge Ketanji Brown Jackson would be nominated to replace the retiring Justice Stephen Breyer on the Supreme Court, history was made. Not only could she be the first Black woman...more

Littler

Puerto Rico Supreme Court Rules on Damages Calculations Involving Double Penalties and Alternate Income Streams

Littler on

In Torres Rivera v. Econo, 2021 TSPR 150, 208 D.P.R. __ (Nov. 18, 2021), the Puerto Rico Supreme Court (“PRSC”) determined that when a plaintiff prevails in a discrimination lawsuit, any award of back pay (lost wages) to be...more

Constangy, Brooks, Smith & Prophete, LLP

"Notorious Nine" Mistakes By Employers In Dealing With The EEOC - March 2021

There's a new sheriff in town . . . . . . so y'all better straighten up. You probably know by now that the Biden Administration fired Sharon Fast Gustafson, the Trump-appointed General Counsel of the Equal Employment...more

U.S. Equal Employment Opportunity Commission...

EEOC Releases Fiscal Year 2020 Enforcement and Litigation Data

Agency Secures $439.2 Million in Monetary Benefits for Victims - WASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns for the 67,448 charges of workplace discrimination...more

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

Employers, Don’t Let Your Guard Down: COVID-19–Related Employment Lawsuits Are in Full Swing

We previously reported on COVID-19–related employment lawsuits that we tracked from late March 2020 through early May 2020. Since then, the number of lawsuits has steadily risen as employers have resumed operations after...more

Fisher Phillips

Emerging Trends In COVID-19 Workplace Litigation

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As of this writing, employees from across the country have filed more than 430 COVID-19-related lawsuits against their employers and former employers. Not all of these claims have focused on the Family First Coronavirus...more

Seyfarth Shaw LLP

COVID-19 Employment Litigation Trends

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The COVID-19 pandemic has spawned a wave of employment litigation directly and indirectly based on COVID-19-related health risks and employers’ response to the crisis.  ...more

Fisher Phillips

Another COVID-19 Litigation Hazard: Essential Employer Sued For Not Allowing Work From Home

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An engineer terminated for job abandonment just sued his former employer for not allowing him to work from home due to the COVID-19 pandemic. According to his complaint, Yiyu Lin, a 55-year-old Chinese-American engineer with...more

Genova Burns LLC

A Measure of Control: Appellate Division Rules “Member-Owned Cooperative” Not Liable for Age Discrimination Claim of One Member’s...

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A supermarket cooperative is not considered the employer of individuals who work for its member stores and cannot be found liable for the age discrimination claims of an employee of one of its members, the Appellate Division...more

Parker Poe Adams & Bernstein LLP

Placing Employee on Performance Improvement Plan Does Not Count as Adverse Action

In order to state a claim of employment discrimination under federal civil rights laws, employees must demonstrate that they have been subjected to an adverse action. In most cases, the employee has been fired, demoted, or...more

Fisher Phillips

November 2018: The Top 12 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

DFEH Reports Age Discrimination And Retaliation Claims On the Rise

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Seyfarth Synopsis: The California Department of Fair Employment and Housing issues a yearly report describing its complaint and litigation trends....more

Fisher Phillips

New SCOTUS Term Starts With A Whimper…Will It End With A Bang?

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The Supreme Court term that wrapped up in June was one of the most exciting sessions for workplace law in recent memory, with several blockbuster decisions impacting a wide range of labor and employment law issues. From...more

Bradley Arant Boult Cummings LLP

Cue the Organ Music: Court Administers the Ministerial Exception to Music Minister

Can an organist really be considered a church minister? In a detailed and unique opinion, an Illinois federal court applied the First Amendment’s religious clauses to a church employee who claimed he had been discriminated...more

Faegre Drinker Biddle & Reath LLP

The Seventh Circuit Affirms Standards for Retaliation Claims

In Skiba v. Illinois Central Railroad Company, the Seventh Circuit issued a helpful decision for employers facing retaliation claims under Title VII and the Age Discrimination in Employment Act (ADEA). The case involved a...more

Troutman Pepper

Single Ageist Comment May Be Insufficient To Sustain Age Discrimination Claim

Troutman Pepper on

Q.  If a supervisor makes a comment about an employee’s age, will the company be liable for age discrimination? A.  While ageist comments are never appropriate in the workplace, an Illinois federal court recently ruled...more

Bradley Arant Boult Cummings LLP

What Was The EEOC Up To This Year? Takeaways From 2017

The U.S. Equal Employment Opportunity Commission’s fiscal year ended on Sept. 30, 2017 and it has released its yearly "Performance and Accountability Report." Although this is a look back, it provides insight on what is...more

Fisher Phillips

Unanimous Supreme Court Scolds Lower Court Over Appellate Deadline Rule - Translation: Sick SCOTUS Burn Over Hyper - Technical...

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In a unanimous decision, the U.S. Supreme Court ruled today that a federal procedural rule that allows a district court to extend an appeal deadline by no more than 30 days is a non-jurisdictional, mandatory claims processing...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

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This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

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