By Minh N. Vu
Seyfarth Synopsis: UC Berkeley and the DOJ resolve an 8-year investigation with a comprehensive Consent Decree that requires UC Berkeley to make virtually all the content on its online platforms accessible to people with disabilities within three years and adopt comprehensive policies and procedures to ensure accessible online content.
After eight years, the U.S. Department
Continue Reading UC Berkeley Enters Into Consent Decree with DOJ About Its Websites and Other Online ContentBy Rachel A. Duboff and Erin Dougherty Foley
Seyfarth Synopsis: Employers can take precaution against discrimination claims by ensuring they have legitimate, nondiscriminatory reasoning for their decision-making. An honest explanation of their behavior makes it credible.
The Eighth Circuit’s recent opinion in Banford v. Board of Regents of UM affirms the steps required to prove a discrimination claim. Plaintiff
Continue Reading The Devil is in the Pretext: No Successful Discrimination Claim If Employee Does Not Carry Burden to Prove Ulterior Explanation for Employer’s Actions
By Erin Dougherty Foley and Kimberly Shen, Summer Fellow
Seyfarth Synopsis: On July 14, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in an Americans With Disabilities Act discrimination and retaliation case filed by an employee with multiple sclerosis. In rejecting the plaintiff’s claims, the Court’s decision points to the importance of employers having
Continue Reading Seventh Circuit Decision Highlights the Importance of Designing a Legally Compliant PTO Policy
By Vy’Shaey Mitchell and Erin Dougherty Foley
Seyfarth Synopsis: In a recent ruling, Brooks v. Avancez, (Decided July 6, 2022) the U.S. Court of Appeals for the Seventh Circuit affirmed a finding for summary judgment for an employer after it was found to have terminated its employee for legitimate non-discriminatory reasons. The decision makes clear that an employer
Continue Reading Trust But Verify: Conduct Your Own Investigation Before Termination
By Kimberly Shen (Summer Fellow) and Timothy M. Rusche
Seyfarth Synopsis: On May 31, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in the employer’s favor on Title VII race discrimination and work retaliation claims filed by a Black dental assistant. In rejecting the plaintiff’s claims, the Court highlights the importance of documenting employee
Continue Reading Seventh Circuit Reaffirms the Importance of Identifying a Proper Comparator in Discrimination Claims
By Samantha L. Brooks and Eric J. Janson
Seyfarth Synopsis: In Lyons v. City of Alexandria, No. 20-1656, 2022 WL 1739987 (4th Cir. June 1, 2022), the Court issued an employer-friendly decision under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., (“Title VII”), reiterating that employers should not be punished “for
Continue Reading Fourth Circuit Reaffirms That Consistently Implementing Lawful Business Practices and Policies is Not Discrimination
By Erin Dougherty Foley and James Nasiri*
Seyfarth Synopsis: On April 14, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in the employer’s favor on Title VII race discrimination claims filed by an Indiana University lecturer. In rejecting the lecturer’s claims of unequal pay and failure to promote, the Court shed light on how
Continue Reading Seventh Circuit Rejects University Lecturer’s Title VII Failure to Promote, Unequal Pay Claims
By Julia Gorham and Aimee Hinksman
Seyfarth Synopsis: Global employers have had to become adept at re-arranging the ways in which their employees work over the past two years, both domestically and internationally, with varying modes of mobility.
Business decisions are being made that will impact the direction of workforces, whether return to office working environments, adopting hybrid
Continue Reading Avoiding Discrimination Claims in the Changing Global Workplace
By Matthew J. Gagnon and Tyler Z. Zmick
Seyfarth Synopsis: Following the March 8, 2021 Executive Order establishing the White House Gender Policy Council, on October 22, 2021 the White House released the first-ever U.S. Government National Strategy on Gender Equity and Equality. The EEOC contributed to the Strategy and supports its full implementation, suggesting that gender-related issues –
Continue Reading White House Releases First-Ever “National Strategy On Gender Equity And Equality”
By Glenn J. Smith, Howard M. Wexler, Ephraim J. Pierre, and Bill S. Varade
Seyfarth Synopsis: The New Jersey Supreme Court held that a plaintiff need not plead an adverse employment action such as a termination or demotion to establish a prima facie case of failure to accommodate a disability under New Jersey’s Law Against Discrimination (“LAD”).
Continue Reading No Adverse Action? No Problem: NJ Supreme Court Eases Pleading Burden for Disability Claims under LAD