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

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 ministerial exception to preclude a minister’s claim… More...

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Ramsey Winch v. Henry: Upholding Oklahoma’s Forced Entry Law

Ramsey Winch Inc. v. Henry | June 11, 2009

The Tenth Circuit U.S. Court of Appeals overruled a federal district court decision and upheld state laws that make it illegal for employers to prohibit employees from keeping firearms locked in their vehicles in the company parking lot. In Ramsey Winch Inc. v. Henry, 555 F.3d 1199 (10th Cir. More...

Eshelman v. Agere Systems: Grossing-up of Back Pay Award for ADA Claim

Eshelman v. Agere Systems Inc. | May 5, 2009

In Eshelman v. Agere Systems Inc., 554 F.3d 426 (3rd Cir. 2009), the U.S. Court of Appeals for the Third Circuit deepened the split among federal appeals courts in ruling that a trial judge may “gross up” a back pay award in order to offset additional taxes that the plaintiff will owe on the More...

EEOC v. Watkins Motor Lines: EEOC Can Continue Investigation Even After Charges Are Withdrawn

EEOC v. Watkins Motor Lines, Inc. | April 29, 2009

In EEOC v. Watkins Motor Lines Inc., 553 F.3d 593 (7th Cir. 2009), the Seventh Circuit U.S. Court of Appeals reversed a district court decision and held that a charging party’s attempt to withdraw a claim he filed with the Equal Employment Opportunity Commission (“EEOC”) did not end the More...

Crawford v. Nashville: Title VII Protects Employee Who Answers Question in Internal Investigation

Crawford v. Nashville | April 14, 2009

In Crawford v. Nashville, ___ U.S. ___, 129 S.Ct. 846 (2009), the U.S. Supreme Court reversed the district and circuit courts and held that Title VII anti-retaliation provisions extend to employees who answer questions about discriminatory activity in an employer’s internal investigation. The More...

B&D Contracting: Per Diem Payments Are “Wages” for Benefits Calculations

B&D Contracting v. Pearley | January 30, 2009

In B&D Contracting v. Pearley, 548 F.3d 338 (5th Cir. 2008), the U.S. Court of Appeals for the Fifth Circuit agreed with the Benefits Review Board’s finding that per diem payments should qualify as “wages” for the purpose of calculating disability benefits under the Longshore and Harbor More...

Edwards v. Arthur Anderson: Confirming the California Policy Against Post-Employment Restraints

Edwards v. Arthur Andersen | January 5, 2009

In a closely-watched decision, the California Supreme Court has confirmed California’s bright line prohibition against post-employment restrictions such as covenants not to compete. Edwards v. Arthur Anderson, 44 Cal. 4th 937 (Cal. 2008). The Court rejected the 9th Circuit’s deviations from More...

Quon v. Arch Wireless: 9th Circuit Recognizes Privacy Expectation in Text Messages

Quon v. Arch Wireless | November 14, 2008

In Quon v. Arch Wireless, 529 F.3d 892 (9th Cir. 2008). the Ninth Circuit partly reversed the District Court and ruled that the Ontario, California Police Department violated the Fourth Amendment rights of one of its officers and three others with whom he exchanged text messages on a More...

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