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Third-Party Retaliation Claims After Thompson v. North American Stainless
In Thompson v. North American Stainless, LP (2011), the U.S. Supreme Court gave its stamp of approval to third-party retaliation claims under Title VII of the Civil Rights Act. The Court thereby...
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Employee’s Request to Move from Rotating Shift to Straight Shift not a...
The 8th U.S. Circuit Court of Appeals recently addressed an issue of concern frequently raised by employers: whether allowing an employee to move from rotating shifts to straight daytime work is a...
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Do Employees Have to Prove They Suffered An Adverse Action to Sue for...
Employees suing for discrimination have to prove that they suffered an adverse employment action, right? Maybe not, according to the Sixth Circuit Court of Appeals’ decision in Litton v. Talawanda...
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Forget the Ghost … Beware of the Sexy Nurse
So, let’s say that you, like me, love Halloween. I mean, how can you not love a holiday where tens of thousands of people are dressing up as an oversized canary on October 31 just because of a...
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California Supreme Court Decision Clarifies Standard for Defending FEHA Claims
Employers can finally exhale a small sigh of relief. On February 7, the California Supreme Court decided the issue of whether the “mixed-motive” defense applies to employment discrimination claims...
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Lean Mean Civil Rights Machine: What to Expect from the EEOC through 2016
In an informative panel for the Ogletree Deakins Washington, D.C. Legislative and Regulatory Conference on February 21, 2013, Equal Employment Opportunity Commission (EEOC) Commissioners Chai Feldblum...
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Phoenix Anti-Discrimination Ordinance Expanded to Include Gay, Lesbian,...
The Phoenix City Council recently amended the Phoenix City Code to add the terms “sexual orientation” and “gender identity or expression” to the code section currently prohibiting discrimination in...
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Gender Stereotyping Based on a Person’s Non-Conforming Behavior Violates...
As the U.S. Supreme Court has recognized, Title VII of the Civil Rights Act of 1964 is intended to “strike at the entire spectrum of disparate treatment of men and women resulting from sex...
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EEOC Issues Updated Guidance For Specific Disabilities
The Equal Employment Opportunity Commission (EEOC) recently issued information on protection against disability discrimination in the form of four revised documents. The federal agency issued these...
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Contractor Pays $372,000 to Settle Retaliation Claims Asserted by Employees...
The Office of Federal Contract Compliance Programs (OFCCP) has just announced that Tufts Associated Health Plans Inc. (Tufts) will pay $372,000 to 12 minority employees. The payment is intended to...
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New Jersey Governor Signs Domestic Violence Victim Leave Law
On July 17, 2013, Governor Christopher Christie signed into law the “New Jersey Security and Financial Empowerment Act,” which becomes effective on October 1, 2013. The Act provides new leave rights to...
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What Do an Application Process and a Suit Claiming Discrimination Have in...
The Third Circuit Court of Appeals recently upheld a lower court’s summary judgment decision, finding that an applicant who refused to complete an application without some guarantee that a particular...
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NFL Suspends Player for Violent Helmet Swing Towards an Opposing Player
Between the whistles of play, professional football is an arguably violent game. Players often put their hearts and souls into their on the field performances for the benefit of their teams. As a...
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California Legislature Deliberating Changes to Remedies in Mixed Motive Cases
This past February, the California Supreme Court addressed the viability of a mixed-motive defense to employment discrimination claims brought under the Fair Employment and Housing Act (FEHA) in the...
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How the New California Laws Will Impact Your Business in 2014 and Beyond,...
The final post in this three-part series on the newly-signed legislation in California covers the three immigration-related bills that Governor Brown recently signed. I also discuss two significant...
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Avoiding Mistletoe Mishaps, Part I: Seven Employment Topics To Consider When...
As 2013 comes to an end, we will consider a number of issues that employers might be facing at the end of the year. In this blog series, we will cover topics such as seasonal hiring, religious...
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Avoiding Mistletoe Mishaps, Part VI: When Religion And Work...
As 2013 comes to an end, we have been considering a number of workplace issues that employers might face at the end of the year and the beginning of the holiday season. In parts one, two, three, four,...
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Phoenix Anti-Discrimination Ordinance Expanded to Include Gay, Lesbian,...
The Phoenix City Council recently amended the Phoenix City Code to add the terms “sexual orientation” and “gender identity or expression” to the code section currently prohibiting discrimination in...
View ArticleEffective July 1, 2014: Caps To Be Placed on Non-Monetary Damages Sought...
Tennessee’s governor just signed a highly significant employment litigation reform bill that will benefit employers throughout the state. The new law applies to all causes of action starting July 1,...
View ArticleWho Got It Right?
Gallaudet University Chief Diversity Officer Angela McCaskill’s job was to promote a diverse and inclusive university community. Not only was she the institution’s first chief diversity officer, she...
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