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Termination Retaliation Race Discrimination

Constangy, Brooks, Smith & Prophete, LLP

The man who said "no" to DEI training, and four lessons for employers

Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more

Husch Blackwell LLP

8th Circuit Decision Roundup – June 2024

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The Eighth Circuit Court of Appeals has issued several significant decisions that employers doing business in Minnesota should be aware of. Here are a few highlights of recent Eight Circuit Decisions that have addressed...more

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

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

U.S. Equal Employment Opportunity Commission...

Jacobson Memorial Hospital to Pay $45,000 in EEOC Retaliation Lawsuit

Federal Agency Charged Hospital Terminated Black Nursing Aide in Retaliation for Racial Harassment Complaint - BISMARCK, N.D. – Jacobson Memorial Hospital Care Center, a critical access hospital in Elgin, North Dakota,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Iron Hill Brewery for Race Discrimination and Retaliation

Federal Agency Charges Buckhead Restaurant Fired Employee Because of His Race and For Reporting Mistreatment of Others - ATLANTA – Iron Hill Brewery of Buckhead, LLC, and Iron Hill Brewery, LLC, a chain of breweries and...more

U.S. Equal Employment Opportunity Commission...

Schuff Steel Company to Pay $500,000 to Settle EEOC Race and National Origin Lawsuit

Resolves Federal Lawsuit Steel Plant in Eloy, Arizona Harassed Black and Latino Workers - PHOENIX – The U.S. Equal Employment Opportunity Commission (EEOC) announced today that Schuff Steel Company, a steel fabrication...more

U.S. Equal Employment Opportunity Commission...

PRC Industries Pays $400,000 to Settle EEOC Racial Harassment, Retaliation Lawsuit

Settles Federal Charges E-Commerce Company Fired Black Workers Who Reported Racial Slurs - RENO, Nev. — PRC Industries, Inc., an E-commerce remanufacturing company, will pay two former employees of its Reno, Nevada,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Tesla for Racial Harassment and Retaliation

Federal Lawsuit Alleges Black Employees Endured Open Hostility and Racism - FREMONT, Calif. – Electric car maker Tesla, Inc., violated federal law by tolerating widespread and ongoing racial harassment of its Black...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

Vinson & Elkins LLP

Juries are More Likely to Find Retaliation than Discrimination

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On October 25, 2022, a federal jury in Houston awarded a woman $365,000,000 in punitive damages and over $1,000,000 in compensatory damages, after finding that her employer had terminated her in retaliation for complaining...more

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

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...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

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

U.S. District Court Highlights Job Reinstatement Obligations After FMLA Leave

On May 6, 2019, the U.S. District Court for the Eastern District of New York denied summary judgment on a Family and Medical Leave Act (FMLA) retaliatory transfer claim. The court found that the employer’s explanation for...more

Cozen O'Connor

How to Handle Waivers in Discrimination Cases

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It is every L&E attorney’s dream: You are deposing a Title VII plaintiff and it’s starting to get late. One by one, the plaintiff’s allegations of discrimination start to lose their luster; the seams are beginning to show....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Employer's Response to Race Discrimination Claims Did Not Excuse Plaintiff's Failure to Allege Claims in EEOC...

Before filing suit alleging discrimination, Title VII requires plaintiffs to file a charge of discrimination with the Equal Employment Opportunity Commission. If the plaintiff files an EEOC charge, but includes claims in his...more

Foley & Lardner LLP

Cat’s Paw, Part II: “Termination Review” by Independent Decision Makers Can Break the Causal Chain

Foley & Lardner LLP on

Last week, we wrote about the “Cat’s Paw” theory of liability —where a person is used unwittingly to accomplish another person’s discriminatory purpose in the workplace. A common example would be when a racist employee...more

Foley & Lardner LLP

“Cat’s Paw” – Or Perhaps “Tiger’s Paw” Theory Now

Foley & Lardner LLP on

For those interested in the origin, the term “cat’s paw” derives from a fable of a monkey who employs flattery to convince a cat to pull chestnuts out of a fire. Today the term commonly refers to a person used unwittingly or...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Regis Corporation/Smart Style Family Hair Salon for Unlawful Retaliation

Hair Salon Fired Employees for Complaining About Race Discrimination, Federal Agency Charges - WILMINGTON, N.C. - Regis Corporation, doing business as Smart Style Family Hair Salon, a Minnesota-based company that...more

Hinshaw & Culbertson LLP

In a Win for Employees, Fourth Circuit Finds That Two Racial Slurs May Support Harassment Claim

The Fourth Circuit Court of Appeals recently made two noteworthy rulings in a single case concerning sexual harassment and retaliation under Title VII. First, as it relates to sexual harassment, the Court found that two...more

Laner Muchin, Ltd.

Supreme Court Makes Defending Title VII Cases Easier For Employers; Decides To Review Noel Canning, Will Rule On NLRB Recess...

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On June 24, 2013, the U.S. Supreme Court issued opinions in two cases which are clear victories for employers. First, in Vance v. Ball State University, the Supreme Court held that “an employer may be vicariously liable for...more

Pierce Atwood LLP

Employers Prevail In Two U.S. Supreme Court Decisions

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The U.S. Supreme Court issued two closely watched decisions Monday affecting Title VII cases....more

BakerHostetler

U.S. Supreme Court Declines to Loosen Causation Standards for Employee Retaliation Claims in University of Texas Southwestern...

BakerHostetler on

On June 24, 2013, the Supreme Court rejected a lower standard of proof for employee retaliation claims under Title VII, finding that a lower causation standard could tempt poorly performing employees to file frivolous claims...more

Littler

Too Little, Too Late: The Supreme Court Adopts But-For Causation for Title VII Retaliation Claims

Littler on

On June 24, 2013, in University of Texas Southwestern Medical Center v. Nassar, 570 U.S. ___ (2013), the U.S. Supreme Court broke its long string of pronouncing expansive standards in the context of Title VII retaliation...more

Miller Canfield

"But for" causation must be used in Title VII retaliation cases, U.S. Supreme Court says

Miller Canfield on

Title VII retaliation claims must be proven according to traditional “but for” causation principles, and not the less strict “motivating factor” standard applicable to other claims under the Statute, the U.S. Supreme Court...more

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

U.S. Supreme Court Issues Two Key Title VII Rulings

On June 24, 2013, the Supreme Court of the United States issued two highly-anticipated decisions. In Vance v. Ball State University, the justices considered whether the “supervisor” liability rule established by Supreme Court...more

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