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Litigations Filed By EEOC Increased In FY 2017 Despite Reduction In Number of Charges Filed

According to the U.S. Equal Employment Opportunity Commission’s annual Performance and Accountability Report (PAR), the EEOC filed more than double the number of discrimination lawsuits against employers in FY 2017 than in F^2016. The Agency filed 184 lawsuits in FY 2017 as compared to only 86 in FY 2016.  Thirty of these 184 cases involved … Continue Reading

Tips For Conducting Year-End Performance Evaluations

Holiday parties aren’t the only thing your employees are buzzing about this time of year – ‘tis the season for year-end performance evaluations! Performance evaluations, when used properly, are a powerful tool for constructive feedback and support for favorable and adverse personnel actions. Below are the tips employers should keep in mind when completing performance … Continue Reading

Congressional Bill: Joint Employer Liability May Become More Limited

The EPL industry rightfully has been concerned about the NLRB’s and courts’ expansion of liability from the seeming employer to those with relationships to that entity.  Franchisors increasingly were exposed to liability for franchisees’ alleged misconduct and contractors were being served with lawsuits alleging discrimination by subcontractors or staffing agencies.  This expansionist trend may be … Continue Reading

U.S. Court of Appeals Decision Highlights Importance of Carefully Drafting Release Agreements

In Zuber v. Boscov’s, the Third Circuit narrowly interpreted a release agreement to permit the plaintiff to pursue a claim under the FMLA for interference and wrongful termination.  The employer moved to dismiss on the basis that his claims were barred by a previously-entered Compromise and Release Agreement (“C&R”) settling his workers’ compensation claim.  The C&R … Continue Reading

Federal Court: Employer’s Letter to Employees During Pending EEOC Investigation May Constitute Unlawful Retaliation

In EEOC v. Day & Zimmermann NPS, Inc., a federal court in Connecticut found that an employer that sent a letter to employees informing them they might be contacted by the Equal Employment Opportunity Commission (“EEOC”) may be liable for unlawful retaliation.  This unlikely scenario came about after the EEOC requested the last known telephone … Continue Reading

Nurse’s Disability Discrimination Claims May Proceed to Trial, New Jersey Supreme Court Rules

A registered nurse employed by a New Jersey health care system for approximately 10 years may proceed to a jury trial with her disability and perceived disability claims under the New Jersey Law Against Discrimination, the Supreme Court of New Jersey has ruled. Grande v. Saint Clare’s Health Sys., 2017 N.J. LEXIS 746 (July 12, … Continue Reading

Dentist’s Remarks To Pregnant Employee Propel Her Case Forward

In Sims v. America’s Family Dental, LLP, Defendant’s motion to dismiss Plaintiff’s claims under Title VII and the Pregnancy Discrimination Act was denied by a federal district court.  Plaintiff, a registered dental assistant, alleged that she was demoted and subsequently terminated due to her pregnancy.  Defendant’s motion was denied, in part, because Plaintiff alleged that … Continue Reading

Appeals Court First To Hold Sexual Orientation Discrimination Covered By Title VII

The Seventh Circuit Court of Appeals held this week that sexual orientation discrimination is covered under Title VII of the Civil Rights Act.  The federal appellate court is the first to do so.  Just last week, we reported that the Eleventh Circuit held to the contrary.  For a complete analysis of the Seventh Circuit’s decision, … Continue Reading

Failure to Accommodate Religious Belief Claim to Move Forward

Religious discrimination claims by a delivery driver for a catering company who was terminated the day after being sent home for wearing a religious head covering survived summary judgment due to the temporal proximity between the events.  In EEOC v. Triangle Catering, LLC, the Western District of North Carolina held that the temporal proximity between … Continue Reading

Employer Commits Willful Violation of Fair Credit Reporting Act By Including Waiver In Statutorily Mandated Disclosure

In Syed v. M-I, LLC, the Ninth Circuit held that including waiver of potential claims language in the same document as the statutorily required Fair Credit and Reporting Act disclosure was a violation of FCRA.  In sum, the Court ruled that the FCRA rights notice cannot be combined with any other notice or agreement.  It … Continue Reading

Age Discrimination Claims Valid When Both Candidates Over 40

In Irvin v. Ascension Parish School Board, the United States District Court for the Middle District of Louisiana denied Defendant’s motion for summary dismissal of a claim under the Age Discrimination in Employment Act (“ADEA”).  In Irvin, Plaintiff alleged that her employer failed to promote her on account of her age (58) and instead selected … Continue Reading

Fifth Circuit Permits Emotional Distress Damages for FLSA Retaliation Claim

Employees asserting a claim for retaliation under the FLSA are entitled to seek emotional distress damages, according to a recent decision by the United States Court of Appeals for the Fifth Circuit. In Pineda v. JTCH Apartment, LLC, Plaintiff claimed that he was retaliated against by his former employer after he filed a lawsuit seeking … Continue Reading

Evidence That Younger Employees Violated Company Policy Without Consequences Results in Denial of Summary Judgment

In light of evidence that younger employees committed similar infractions as the plaintiff, and did not suffer significant disciplinary action, an Illinois federal district court denied an employer’s summary judgment motion. The Court ruled that evidence of disparate treatment plus age-based comments by management was sufficient to create a fact issue as to whether the … Continue Reading

Kansas City Region Offices: Kansas City, Missouri and Overland Park, Kansas

Jackson Lewis’ maintains two offices in the Kansas City Region, with a total of nine attorneys. The Overland Park, Kansas office opened in 2014. The Kansas City, Missouri offices opened in 2017. The offices are led by Office Managing Principal Brian J. Christensen. The nine attorney team includes members of the firm’s class action and … Continue Reading

Arkansas Federal Court: Failure to Accommodate, in and of Itself, Violates the ADA

Despite the lack of a clear causal connection between an employer’s failure to grant an employee’s request for additional training and its decision to terminate her employment, an Arkansas federal district court recently denied the employer’s summary judgment motion on the plaintiff’s failure to accommodate claim under the Americans with Disabilities Act. In denying summary … Continue Reading

Employer Failure to Provide Reasonable Accommodations for Migraines Results in Legal Headaches

In Bethscheider v. Westar Energy, the United States District Court for the District of Kansas denied Defendant’s motion to dismiss claims under the Americans with Disabilities Act (“ADA”).  Alleged by Plaintiff was that her migraine headaches constituted a disability entitling her to a reasonable accommodation.  The Company terminated Plaintiff for “excessive absenteeism” despite the fact … Continue Reading

Texas Court Grants Nationwide Preliminary Injunction Enjoining DOL From Implementing Or Enforcing Regulation Raising Salary Level For White Collar Exemptions

A Texas Judge issued a nationwide preliminary injunction yesterday preventing the DOL from implementing or enforcing its regulation raising the salary level for the white collar exemptions.  An article discussing the case and the impact is posted on our website.  Here is the link: http://www.jacksonlewis.com/publication/texas-court-grants-nationwide-preliminary-injunction-enjoining-department-labor-implementing-or-enforcing-regulation.   We are holding a webinar on Monday at 12:00 EST … Continue Reading
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