Tag: lawsuit

“Yellowjackets” Star Is Body Shamed on Set by a Co-Worker—Is That Illegal?

Melanie Lynskey, a star of the new Showtime series Yellowjackets, recently recounted an incident in which a coworker allegedly criticized her body on set. According to Lynskey, a production team member asked her what she planned to do about her weight and suggested that the show’s producers would be willing to hire a personal trainer […]

Don’t Mess with Retaliation

The U.S. 5th Circuit Court of Appeals (which covers Texas) recently issued a published decision, a rarity since most opinions are unpublished and therefore can’t be cited to courts as precedent. It was also a per curiam opinion, i.e., a three-judge panel decided the appeal but no particular judge took credit for writing it.

Crossing T’s and Dotting I’s Essential In EEOC Charges

Football season is upon us, and so are the clichés associated with it. But clichés all contain kernels of truth, do they not? Here is one: “Football is a game of inches.” So, too, is employment discrimination litigation. For an education on this point and the importance of small details, read on. The ‘T’ Got […]

COVID-19

WV Jobs Protection Act Reopens Doors by Shielding Liability for COVID-19

From layoffs to leave laws, mandated vaccinations to limitations on services or materials, almost every business has been affected by COVID-19 in some way over the last year. The concern that has been top of mind for nearly all employers, however, is how to keep your employees safe from the virus and your business safe […]

hiring

Worker Boxed Out of Suit Against Temp Agency’s Client

A temporary worker asserted claims for racial discrimination, harassment, retaliation, and battery. He settled his claims against the temp agency but tried to pursue them against the company that ran the facility. A federal judge in Southern Illinois told him to pack up and go home.

Idaho At-Will Employees Have Standing to Sue Employer for Fraudulent Hiring

The Idaho Supreme Court recently rendered a decision highlighting an important distinction between wrongful discharge and “fraudulent hiring,” the latter of which allows at-will employees to sue their former employer. Background Employment in Idaho is presumed to be “at-will” unless contractually stated otherwise. In other words, with very few exceptions, an employment relationship has no […]

Burnout Isn’t Serious Health Condition Under the FMLA

In our pandemic world, mental health is important, and normal stressors such as work, finances, education, and childcare have been exacerbated by health concerns, exhaustion, isolation, and alienation. For essential workers, particularly medical workers on the COVID-19 frontlines, burnout is a reality.

ADA

Title VII Case Fails vs. Firm Serving Navajo Nation

The U.S. 10th Circuit Court of Appeals (whose rulings apply to all New Mexico employers) recently affirmed the dismissal of an employment discrimination lawsuit against a private corporation serving the Navajo Nation, finding it constituted an “Indian tribe” and was thus excluded from the legal obligations of Title VII of the Civil Rights Act of […]

COVID-19 Immunity Laws No Free Pass for Employers

Employers may be tempted to view new civil immunity laws in many states as providing protection and certainty against coronavirus-related claims. On closer review, however, the new laws’ limited benefits mean you must keep caution and vigilance as top priorities.

EEOC Settles NC Race Discrimination Case

In contrast with other litigation, a case filed against an employer by the Equal Employment Opportunity Commission (EEOC) is a very public affair. Typically, the EEOC will issue a press release when it files a new lawsuit identifying the employer and providing a summary of the alleged discriminatory conduct.