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Retaliation Employer Liability Issues Discrimination

Marshall Dennehey

Florida’s Fourth District Court of Appeal Explores “Cat’s Paw” Liability Theory in an Employment Law Whistleblower Retaliation...

Marshall Dennehey on

City of Hallandale Beach v. Rosemond, 4D2022-2642, 2024 WL 2836937 (Fla. 4th DCA June 5, 2024) - A former city employee filed a lawsuit against the defendant pursuant to section 112.3187(4)(a)-(b), Florida Statutes, where he...more

Saul Ewing LLP

California Implements New Intersectionality and Captive Audience Meeting Laws

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California recently enacted two laws that expand the scope of discrimination claims and prohibit retaliation against employees for failing to participate in employer-sponsored meetings regarding religious or political...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

Mandelbaum Barrett PC

New Jersey Supreme Court Invalidates Non-Disparagement Provision Against Alleged Victim of Discrimination and Harassment

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In Savage v. Township of Neptune, et al., (A-2-23, decided May 7, 2024), the New Jersey Supreme Court analyzed and invalidated a non-disparagement provision included in a settlement agreement against a plaintiff alleging...more

Saiber LLC

New Jersey Supreme Court Holds That Non-Disparagement Provisions Seeking to Preclude Discussion About Claims of Discrimination,...

Saiber LLC on

In a recent unanimous decision, the New Jersey Supreme Court held that non-disparagement provisions in settlement agreements or employment agreements are against public policy and unenforceable if they seek to bar speech...more

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

U.S. Equal Employment Opportunity Commission...

Sprouts Farmers Market Resolves EEOC Discrimination Charge

Federal Investigation Determined Grocery Subjected Employees to Sexual Harassment and Retaliation - LOS ANGELES – Sprouts Farmers Market, a national grocery chain featuring natural foods, has settled a federal charge of...more

Marshall Dennehey

Florida Court of Appeals Holds that an EEOC Charge Does Not Need to Specifically Allege the Florida Civil Rights Act to Exhaust...

Marshall Dennehey on

Ramos v. Steak N Shake, Inc., 2D22-3465, 2023 WL 8791666 (Fla. 2d DCA Dec. 20, 2023) - Florida’s Second District Court of Appeal examined the issue of whether section 760.11, Florida Statutes, requires that the aggrieved...more

Stark & Stark

Understanding and Preventing Workplace Discrimination Liability in New Jersey

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Employment Plaintiff attorneys often include an “aiding and abetting” claim against the “deep pocket” employer when they sue for employment discrimination under the New Jersey Law Against Discrimination. This blog will...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q4 2023

State and local governments continue to increase workplace regulations. This update provides an overview of recent and upcoming legislative developments to help you and your organization stay in compliance with local and...more

Troutman Pepper

Unpacking California’s 2024 Employment Laws: Key Changes Employers Need to Know

Troutman Pepper on

California enacted several new employment laws for 2024, summarized below, including expanded paid sick leave, leave for reproductive loss, protections for employee cannabis use, additional noncompete enforcement limitations,...more

Perkins Coie

2023 California Labor, Employment, and Independent Contractor Legislative Update

Perkins Coie on

With the 2023 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within the state and highlight relevant action items related to these bills. Below...more

Mintz - Employment Viewpoints

Second Circuit Clarifies Standard for Evaluating Title VII Retaliation Claims

On the heels of the Fifth Circuit Court of Appeals’ recent decision clarifying its view of properly pled Title VII disparate treatment discrimination claims, which we previously covered here, the Second Circuit Court of...more

Bradley Arant Boult Cummings LLP

Ultimatum on Ultimate Employment Decisions:  Fifth Circuit Expands Standard on Adverse Employment Decisions Under Title VII

If you are an employer covered by the federal Fifth Circuit (Texas, Louisiana and Mississippi), you are probably familiar with the “ultimate employment decision” standard: In determining whether an employee suffered an...more

McAfee & Taft

Couple’s discrimination and retaliation case against Colorado Supreme Court dismissed

McAfee & Taft on

Judges and courts enforce anti-discrimination and retaliation laws, but are they ever accused of violating those laws themselves? That is exactly what was alleged in a recent Tenth Circuit case that offers helpful takeaways...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Formel D USA, Inc. for Sex Discrimination and Retaliation

Automotive Quality Control Company Failed to Protect Female Employee from Sexual Harassment and Retaliation, Federal Agency Charges - DETROIT – Formel D USA, Inc., an automotive quality control company with locations in...more

Manatt, Phelps & Phillips, LLP

Seventh Circuit Takes On Religious Discrimination

The Seventh U.S. Circuit Court of Appeals recently affirmed summary judgment in favor of an employer in a religious discrimination case involving a teacher who refused to call transgender students by their chosen names....more

Baker Donelson

The EEOC is Actively Targeting the Construction Industry

Baker Donelson on

Risks and potential liabilities in the construction industry are not new. Construction participants know the typical hot spots: Projects are delayed. Supply chain issues raise materials costs. Owners and general contractors...more

Sheppard Mullin Richter & Hampton LLP

New York State Amends Its Workplace Anti-Discrimination and Anti-Harassment Laws

On March 16, 2022, New York Governor Kathy Hochul signed into law two amendments to the State’s workplace anti-discrimination and anti-harassment laws. First, the New York State Human Rights Law (“NYSHRL”), New York...more

Bradley Arant Boult Cummings LLP

Plaintiff Gets Second Serve: 2nd Circuit Clarifies Joint Employer Test and Allows Security Guard to Amend Complaint

There has been a lot of discussion over the last few years about the joint employer test for liability under employment statutes. Whether it be Uber drivers in California or the back and forth over the Trump administration’s...more

Butler Snow LLP

Step-dad’s “slobbery” kiss leads to big trouble for Tennessee employer

Butler Snow LLP on

Under Title VII, an employer can be held liable for retaliation by a non-supervisory co-worker if (1) the conduct is sufficiently severe to dissuade a complaint of discrimination; (2) management was aware of the behavior; and...more

Bradley Arant Boult Cummings LLP

US Regional Employment 2021: Alabama | Insights & Events

Law and Practice Chambers - The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal...more

Bradley Arant Boult Cummings LLP

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

Constangy, Brooks, Smith & Prophete, LLP

Make Sure The Discipline Train Leaves The Station On Time

Common sense suggests that once the discipline train has left the station an employee should not be able to derail it by filing a charge of discrimination or engaging in other protected activity. This concept is typically...more

Constangy, Brooks, Smith & Prophete, LLP

The Insidious Deception That Is "Employment At Will"

Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

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