News & Analysis as of

Retaliation Employer Liability Issues Race Discrimination

Shook, Hardy & Bacon L.L.P.

Former Driver Wins “Nuclear Verdict” Against Global Package Delivery Company in Retaliation Lawsuit

On September 12, 2024, a Yakima, Washington jury awarded a $237.6 million nuclear verdict to Tahvio Gratton, a former package delivery driver who filed a lawsuit against his employer for violation of federal and state...more

Littler

Littler Lightbulb: May Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Seventh Circuit Finds EEOC Failed to Prove Racial Harassment in Multi-Employee...more

Seyfarth Shaw LLP

EEOC Scorecard: How Did The Commission Stack Up in FY 2023?

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The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2023 Annual Performance Report and a new dashboard highlighting resolved cases. Compared to the prior fiscal year, the EEOC contacted substantially...more

McGlinchey Stafford

Workplace Retaliation: Court Slashes $366M Jury Verdict

McGlinchey Stafford on

This significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees. Thorough documentation...more

Parker Poe Adams & Bernstein LLP

Claims of Hostile Work Environment Happened Over Too Long a Period, Court Rules

Last week, the Sixth Circuit Court of Appeals rejected claims from a university professor that she had been subjected to a series of retaliatory acts in the two- and one-half year period following her filing an Equal...more

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

California Court of Appeal Rules Arbitration Agreement Is Unenforceable

A California appellate court recently denied enforcement of an arbitration agreement because (1) it contained provisions the court found problematic, and (2) the employer presented the agreement to the employee for electronic...more

Fisher Phillips

Federal Appeals Court Expands Employee Retaliation Options: 3 Steps Employers Can Take to Prepare

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A federal appeals court recently expanded the set of options available to employees who bring retaliation claims against their employers or former employers. This major workplace discrimination decision from the 11th Circuit...more

Bond Schoeneck & King PLLC

Second Circuit Clarifies Federal Law on Employment Retaliation Claims

In a recent decision, the U.S. Second Circuit Court of Appeals, the federal appeals court covering New York and adjacent states, sought to clarify the federal law standard for evaluating retaliation claims under the principal...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

Genova Burns LLC

To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements

Genova Burns LLC on

On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Infrequent but Repeated Comments Can Create a Hostile Working Environment Based on Race

Long-time EmployNews readers know that we have repeatedly written about the changing legal standard for racial harassment claims adopted by the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina,...more

Seyfarth Shaw LLP

Seventh Circuit Reaffirms the Importance of Identifying a Proper Comparator in Discrimination Claims

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Seyfarth Synopsis: On May 31, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in the employer’s favor on Title VII race discrimination and work retaliation claims filed by a Black dental...more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Multiple Internal Complaints Support Retaliation Claims

Retaliation claims now constitute the most frequently cited basis for charges filed before the Equal Employment Opportunity Commission. Lawsuits based on retaliation can be especially dangerous for employers because they do...more

Carlton Fields

Court Applies "Summary-Judgment-Like" Approach To Uncontested Motions To Compel Arbitration And Stay Litigation

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The court considered a restaurant franchisee’s motion to compel arbitration, and motion to dismiss, or, in the alternative, stay an employee’s race discrimination and retaliation lawsuit pending the completion of arbitration....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

Parker Poe Adams & Bernstein LLP

Dealing With Race in the Workplace: ‘How Would You Want Your Family Members Treated?'

“How would you want your family members treated?” That is a question we often raise when training clients on appropriate behavior in the workplace, and it is particularly relevant with the heightened awareness and emotion...more

Fisher Phillips

Emerging Trends In COVID-19 Workplace Litigation

Fisher Phillips on

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

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

Seyfarth Shaw LLP

What To Do When Employee Misconduct And Protected Activity Collide?

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Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Section 1981 Claims Require ‘But For' Causation

Section 1981 of the Civil Rights Act of 1866 prohibits discrimination on the basis of race in the making of contracts, including employment contracts. Section 1981 is often used by employees suing for race discrimination as...more

U.S. Equal Employment Opportunity Commission...

GNT Foods to Pay $60,000 to Settle EEOC Racial Harassment and Retaliation Suit

African American Employees Subjected to Daily Racial Epithets and Fired for Complaining and Participating in EEOC Investigation, Federal Agency Charged - ATLANTA - G.N.T, Inc., doing business as GNT Foods, a grocery store...more

Jackson Lewis P.C.

Federal Court Dismisses Discrimination And Retaliation Claims But Not Hostile Work Environment

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On January 28, 2020, the Southern District of New York allowed a hostile work environment claim to proceed based upon allegations of racial slurs, demeaning comments, and relegation of Hispanic to the least favorable job...more

Butler Snow LLP

EEOC FY 2019 Statistics Released: Charges of Discrimination are at an All-Time Low But the Percentage of Retaliation Charges...

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There are a few surprises in the enforcement and litigation statistics for FY 2019 released by the Equal Employment Opportunity Commission (“EEOC”). The EEOC’s data shows that there were only 72,675 charges of discrimination...more

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