Employment Law Updates / Employment Legal Updates and Legal Blog

Employment Law Updates

Featured Expert Legal Commentary

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...

More Employment Law Updates

Page 4 of 5 of Employment Law Commentaries

« First < 2 3 4 5 >

Van Asdale v. Int’l Game Tech.: In-house Counsel Can Bring SOX Whistleblower Claim

Van Asdale v. International Game Technology | November 9, 2009

The Ninth Circuit ruled that two in-house counsel could sue their former employer for wrongful termination under the Sarbanes-Oxley whistleblower provision, stating that the plaintiffs only needed to demonstrate that they reasonably believed fraud had occurred, not that fraud actually had occurred. More...

Hernandez v. Hillsides: Narrowing Workplace Privacy in California

Hernandez v. Hillsides | September 25, 2009

The California Supreme Court affirmed that employees have a reasonable expectation of privacy in the workplace, but held that in some circumstances, those rights may be limited, taking a backseat to an employer’s “legitimate business interests.” In Hernandez v. Hillsides, 47 Cal. 4th 272, 211 More...

Hughes v. Pair: High Standards for Sexual Harassment by Professionals

Hughes v. Pair | September 4, 2009

The California Supreme Court has held that a few vulgar and offensive but isolated comments made on a single day in the course of a professional relationship lasting several years did not constitute either actionable sexual harassment or intentional infliction of emotional distress. In Hughes v. More...

Ricci v. DeStefano: Firefighters Suffered Reverse Discrimination by City in Violation of Title VII

Ricci v. DeStefano | August 28, 2009

In a split decision that broke along conservative and liberal lines, the Supreme Court found that the city of New Haven engaged in reverse discrimination and violated Title VII of the Civil Rights Act of 1964 when it tossed out a qualification test that generated a sharp disparate impact in favor More...

Gross v. FBL Financial: Requiring “But-For” Causation in All Age Discrimination Cases

Gross v. FBL Financial Services, Inc. | August 4, 2009

In a 5-4 decision, the U.S. Supreme Court determined that the burden-shifting standard applicable to “mixed-motive” discrimination cases brought under Title VII specifically does not apply to age discrimination cases brought under the ADEA, pursuant to the plain statutory language of the ADEA. More...

AT&T v. Hulteen: No Gender-Based Discrimination in Pension Pay Plan That Excludes Pregnancy Leaves

AT&T v. Hulteen | July 27, 2009

A recent Supreme Court ruling has many practitioners – and perhaps Justice Ginsberg – anticipating the appointment of a woman to the Supreme Court to replace Justice Souter. While the ruling in AT&T v. Hulteen, ___ U.S. ___, 129 S.Ct. 1962 (2009), is relatively narrow in its specific More...

Webb v. City of Philadelphia: No Religious Discrimination If Accommodation Causes an Undue Burden

Webb v. City of Philadelphia | June 22, 2009

The Third Circuit U.S. Court of Appeals has upheld the Philadelphia Police Department’s dress code policy that forbids police officers from wearing any religious garb. When the city prohibited a female officer from wearing a Muslim head scarf with her uniform, she sued the city, alleging More...

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...

Page 4 of 5 of Employment Law Commentaries

« First < 2 3 4 5 >