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Parisi v. Goldman Sachs & Co.: Second Circuit Upholds Arbitration Clause Barring Title VII ‘Pattern-or-Practice’

By Jeremy Gray of Zuber Lawler & Del Duca

The Second Circuit recently upheld the use of arbitration in a Title VII gender discrimination case even when the arbitration clause forbid class-wide arbitration. In Parisi v. Goldman Sachs & Co., No. 11-5229-cv (2d Cir. March 21, 2013), the Court found that Title VII “pattern-or-practice,” which is only available to… More...

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Genesis Healthcare Corp. v. Symczyk: Divided Supreme Court Rules Against FLSA Plaintiff Seeking Class Status

Genesis Healthcare Corp. v. Symczyk | May 16, 2013

The Supreme Court recently held that a plaintiff had no “continuing interest” in her FLSA case, and thus could not go forward representing similarly situated, unnamed claimants. In Genesis Healthcare Corp. v. Symczyk, 11-1059 (U.S. Apr. 16, 2013), a 5-4 Supreme Court found that once a FLSA More...

EEOC v. United Parcel Service, Inc.: District Court Declines to Require Heightened Pleading from EEOC

EEOC v. United Parcel Service, Inc. | March 25, 2013

A federal district court recently upheld the EEOC’s ability to file suits against employers without pleading facts unique to each member of an affected class. In EEOC v. United Parcel Service, Inc., 09-cv-5291 (N.D. Ill. Jan. 11, 2013), the court held that the EEOC’s complaint met the Iqbal More...

MacDermid, Inc. v. Deiter: Second Circuit Approves Long-Arm Jurisdiction When Remotely Accessing a Computer within the Jurisdiction

MacDermid, Inc. v. Deiter | February 15, 2013

The Second Circuit has approved long-arm jurisdiction over a foreign defendant who remotely accessed computers within the jurisdiction. In MacDermid, Inc. v. Deiter, 11-5388-cv, (2d. Cir. Dec. 26, 2012), the Court determined that such activity fell within the state’s long-arm statute and passed More...

Elgin v. Dept. of the Treasury: Supreme Court Precludes District Court Jurisdiction from Federal Employees Challenging Constitutionality of Workplace Statutes

Elgin v. Dept. of the Treasury | September 21, 2012

The Supreme Court recently clarified confusion over whether federal employees may bring suits in a district court when they challenge the constitutionality of federal employment statutes. In Elgin v. Dept. of the Treasury, 132 S.Ct. 2126 (2012), the Supreme Court held that district courts are More...

Christopher v. SmithKline Beecham Corp.: Supreme Court Limits FLSA’s Overtime Provisions; Deference to Agency Guidance on Regulations

Christopher v. SmithKline Beecham Corp. | September 13, 2012

The Supreme Court recently held that pharmaceutical sales representatives who inform doctors about prescription drugs but do not actually sell drugs are “outside salesmen” under the Fair Labor Standards Act, and are thus exempt from federal overtime laws. In Christopher v. SmithKline Beecham More...

Coleman v. Maryland: Divided Supreme Court Bars FMLA Self-Leave Claims against States

Coleman v. Maryland Court of Appeals | August 15, 2012

The Supreme Court has held that states cannot be sued for damages under the FMLA’s self-care provision. In a split decision, the four-member plurality found that unlike the family-care provisions of the FMLA, the self-care provision did not meet the congruence and proportional test of § 5 of More...

Hosanna-Tabor Evangelical Church v. EEOC: Supreme Court Confirms Ministerial Exception to Employment

Hosanna-Tabor Evangelical Church and School v. EEOC | February 27, 2012

The Supreme Court recently confirmed the applicability of the ministerial exception found under the First Amendment in precluding the application of employment discrimination laws to ministers. In Hosanna-Tabor Evangelical Church and School v. EEOC, 132 S.Ct. 694 (2012), the Supreme Court used the More...

US Airways, Inc. v. McCutchen: Third Circuit Limits ERISA Fiduciary Relief; Allows Equitable Reformation

US Airways, Inc. v. McCutchen | January 24, 2012

In a split with other circuits, the Third Circuit recently limited relief available to benefit plan administrators under ERISA. In US Airways, Inc. v. McCutchen, 663 F.3d 671 (3d Cir. 2011), the Third Circuit held that the “appropriate equitable relief” available under ERISA § 502(a)(3) to More...

Bates v. Dura Automotive Systems, Inc: An Employee on Legal Prescription Medication May be Fired For Safety Reasons as Long as the Employee is not “Disabled”

Bates v. Dura Automotive Systems, Inc | July 15, 2011

In a unanimous decision, the Sixth Circuit held that section 12112(b)(6) of the Americans with Disabilities Act (ADA), which prohibits employers’ use of tests that tend to screen out disabled individuals does not protect employees who are not disabled. In Bates v. Dura Automotive Systems, Inc., More...

Reid v. Google: Stray Remarks May Be Considered Evidence of Discrimination

Brian Reid v. Google, Inc. | November 17, 2010

The California Supreme Court has unanimously held that courts must consider “stray remarks” made by non-decision-making employees together with all other admissible evidence in order to determine whether a discrimination lawsuit should survive summary judgment. In Brian Reid v. Google, Inc., More...

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