Some employers operate under the assumption that “at-will” employment means that an employee does not have to be given any reason for termination of his or her employment. However, that theory may allow an employee to overcome an employer’s motion to dismiss a discrimination lawsuit, since in order to overcome such a motion, a plaintiff
Can an employer’s perceived preferential treatment of an alleged rapist create a hostile work environment for the female employee who reported the rape? The 9th U.S. Circuit Court of Appeals recently held that a jury should determine the answer to that question. Fuller v. Idaho Dept. of Corrections, 9th Cir., No. 14-36110, July
The 3d U.S. Circuit Court of Appeals may have expanded the mechanisms available for individuals who plan to bring claims of sexual harassment or discrimination against an employer that conducts educational programs or activities, specifically including private teaching hospitals.
Recently, the Third Circuit found that a private teaching hospital could be held liable – under
Law Partners Maria Danaher, Editor of Employment Law Matters, and Mary Wright, Guest Blogger (both of Ogletree Deakins), offer up this month’s Employment Law Carnival.
is for the ADAEric B. Meyer, The Employer Handbook, The Firefighter Afraid of
A female plumber on “light duty” in the City of Chicago’s Department of Sewers filed a lawsuit alleging that because she was female, her supervisor assigned menial work to her, prohibited her coworkers from interacting with her, and subjected her to alleged “verbal violence.” While the district court viewed each of those actions individually and
One of the issues most frequently litigated in employment cases is whether the remarks and actions of an employer rise to the level of the “hostile work environment” needed to support a claim of discrimination. The 10th U.S. Circuit Court of Appeals recently addressed that issue, and provided at least some clarity to the definition
Most employers understand that Title VII of the Civil Rights Act precludes a discriminatory “hostile work environment,” in which acts of discrimination against an employee are so severe and pervasive that those acts have an adverse impact on the employee’s ability to do his or her job. What is less fully understood is the fact
In gender discrimination cases under Title VII, a jury can award back pay and front pay, but also can award compensatory damages if it believes that an employee was harmed emotionally or psychologically by the alleged harassment or hostile work environment. The 1st U.S. Circuit Court of Appeals recently affirmed a $1.6 Million damages
The 1st U.S. Circuit Court of Appeals reminds us that while Congress’ antidiscrimination laws are designed to protect workers’ rights, they are “not intended to function as a collective panacea for every work-related experience that is in some respect unjust, unfair, or unpleasant.” Consistent with this statement, the court dismissed the claims of four female
In an unpublished opinion, the 3d U.S. Circuit Court of Appeals has upheld a lower court’s decision to dismiss an employee’s claims of discrimination, hostile work environment, and retaliation, based largely upon the “extraordinary lengths” to which the employer went to investigate the issues complained of by the employee. Wood v. University of Pittsburgh,
