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 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
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
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 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
Hard to believe it’s August already. It has been a busy summer in the employment law world while we have been away, and there is a lot to catch up on for Iowa employers. For starters, here is a re-cap of three of the summer’s significant court decisions and one notable but not so significant one. Almost all
Last week, the co-founder of a Minnesota based organization called “Gender Justice” accused the Iowa football team of “pink shaming” its opponents and engaging in what she calls “cognitive bias.” Jill Gaulder, who also happens to be a former UI professor, claims the infamous pink visitor’s locker room at Kinnick Stadium is “sexist”, “homophobic”,
Title VII requires an employee alleging unlawful discrimination or retaliation to file an administrative charge with the EEOC (or a similar a state or local agency with authority to seek relief) before bringing a suit in court. EEOC is charged with investigating claims and pursuing conciliation between the employee and employer where appropriate. The purpose of
Crystal Henley enrolled in the Kansas City Police Academy in September 2005. By November 8, she was forced to leave and was not able to complete her training to become a police officer. During her short time at the Academy, Henley claims she was treated more harshly than male trainees, subject to sexual harassment, and
Very seldom is there overt evidence an employer discriminated on the basis of race, sex, disability, etc. Most of the time plaintiff employees have to prove their claim by showing they were treated less favorably than similarly situated employees who were not in the protected class. For example, if there is evidence the employer