The U.S. Court of Appeals for the Fifth Circuit issued a potentially game-changing decision earlier this month on the EEOC’s Enforcement Guidance on criminal background checks. The case is State of Texas v EEOC (5th Cir. 8/6/2019). An applicant rejected for employment at the Texas Department of Public Safety filed a complaint with
Iowa Supreme Court Reverses $4.5 Million Verdict in Age and Disability Case on Narrow Grounds, Passing Up the Opportunity to Decide Whether Emotional Distress Award was Excessive
In July 2017, a jury in Poweshiek County, Iowa returned a verdict against Grinnell Regional Medical Center (GRMC) for $4.5 million in an age and disability discrimination lawsuit. The Grinnell Regional case was one of a trio of million dollar plus verdicts Iowa juries returned in the spring and summer of 2017 in employment discrimination
Despite Most Headlines, U.S. Supreme Court Decision On Title VII Exhaustion Requirements Likely to Have Limited Application
Another excellent post from our colleague Brandon Underwood:
A good rule of thumb that trial and appellate lawyers learn early in their careers is that you generally forfeit arguments you don’t make. Suppose that a defendant takes a case to trial and loses, only to realize in briefing its appeal that the plaintiff’s lawsuit
Employers in Long Term Care Industry Face Enhanced Risk of Employee Harassment Claims Based upon Conduct of Patients
Claims of sexual harassment typically involve the behavior of fellow employees. But, an employer’s potential liability for sexual harassment also extends to conduct by a non-employee, such as a customer, client, or patient, that creates a hostile work environment.
The principle of employer liability for harassment by a non-employee third-party presents particular challenges to the
Recent Ruling from Eighth Circuit Shows an Employer’s Shifting Reasons for Decision May Not Be Evidence of Pretext
It is a truism that employers prefer to win discrimination cases on summary judgment rather than go to trial. In most cases, winning on summary judgment means convincing the judge there is not enough evidence that would allow the plaintiff to prove “pretext.” (Pretext: “a purpose or motive alleged or an appearance assumed in order to cloak the real intention or state of affairs.” Merriam-Webster Online Dictionary). With pretext, the plaintiff goes to trial; without pretext, the plaintiff goes home and the employer wins.
Continue Reading Recent Ruling from Eighth Circuit Shows an Employer’s Shifting Reasons for Decision May Not Be Evidence of Pretext
Court Affirms Six-Figure Verdict to Nursing Mother Who Quit Because of Employer’s Failure to Provide Suitable Breastfeeding Accommodation
Employers that accommodate employees’ temporary disabilities should consider extending the practice to nursing mothers returning to work following maternity leave. That’s the lesson of a recent opinion from the U.S. Court of Appeals for the Eleventh Circuit (Hicks v. City of Tuscaloosa, Alabama, 11th Cir., 9/7/2017) In Hicks, a City police department’s insistence that an officer return to the beat rather than to allowing her work a temporary desk job resulted in a substantial plaintiff verdict.
Continue Reading Court Affirms Six-Figure Verdict to Nursing Mother Who Quit Because of Employer’s Failure to Provide Suitable Breastfeeding Accommodation
Eleventh Circuit the Latest to Rule Title VII Does Not Cover Discrimination Based Upon Sexual Orientation
Whether Title VII protects employees from discrimination based upon sexual orientation is one of the most contentious employment law issues being litigated in the federal courts today. EEOC contends Title VII covers sexual orientation, and a handful of district courts have agreed. But, as of today, every U.S. Court of Appeal to consider the question
What Does the Fox News Settlement with Gretchen Carlson Mean for Ordinary Employers?
The headline was Fox News agreed to pay $20 million to its former anchor Gretchen Carlson to settle a sexual harassment lawsuit against its former CEO Roger Ailes. This is an extraordinary settlement, and not just because of the amount. Fox News agreed to a public settlement (usually they are confidential); publicly apologized to
Caution: Just Because You Give an Employee What He Wants Does Not Mean He Won’t Sue You For It Later
discrimination “adverse employment action” Sixth Circuit
Continue Reading Caution: Just Because You Give an Employee What He Wants Does Not Mean He Won’t Sue You For It Later
U.S. District Court in Iowa Sanctions EEOC…Again
U.S. District Judge Linda Reade has become the scourge of the EEOC. On August 1 Judge Reade entered an order sanctioning EEOC nearly $4.7 million for attorney’s fees and expenses CRST Van Expedited incurred to defend itself against a largely frivolous complaint alleging that as many as 270 female employees were subject to a pattern and