Employment Litigation

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By: Scott Prange and Lo Nelson

Seyfarth Synopsis: A recent federal court decision highlights the risks of disciplining an employee whose apparent policy violations may also constitute protected safety reporting. Employers should stress-test potentially conflicting policies and document the information, context, and reasoning supporting disciplinary decisions.

What happens when an employee is told to report safety concerns, but doing so…

Continue Reading Too Fast, Too Risky: What a Street Takeover Can Teach Employers About Workplace Investigations

By: Olivia S. Williams, Grayson Moronta, and Christina Meddin

Seyfarth Synopsis

The Eleventh Circuit’s recent decision Ismael v. Roundtree, No. 25-10604 (11th Cir. Dec. 5, 2025) reversed the United States District Court for the Southern District of Georgia’s grant of summary judgment in favor of Defendants and held “the District Court improperly conflated the McDonnell Douglas pretext…

Continue Reading Ismael v. Roundtree: Clarifying the Coexistence and Application of the McDonnell Douglas Pretext Analysis and the Convincing Mosaic Standard

About the Program: With states and local jurisdictions continuously updating employment laws, the landscape of handbook policy requirements is in constant flux. Employers face the ongoing challenge of keeping up with these changes. 

Seyfarth’s Handbook & Policy Team is at the forefront of addressing these challenges. Join us for this webinar, where we’ll walk you through the most…

Continue Reading Best Practices for Multi-State Employee Handbooks: The 2025 Playbook

By Kristina M. Launey 

Seyfarth Synopsis: The Legislature concluded its 2023-24 session in the wee hours of its August 31, 2024, deadline to pass bills. Now it’s up to Governor Newsom to call the plays as to what employment bills he will sign into law. The bills for his consideration read intersectionality into FEHA protected categories, recast victims’ time…

Continue Reading Legislative Update: Legislature Hikes the Ball For Signing Kickoff

Seyfarth Synopsis: A series from our seasoned and successful Boston L&E Trial Team will explore the latest trends in jury trials in a time of explosive verdicts, Reptile tactics, polarization, and an election year. We’ll offer practical strategies on how to maximize your chance of a total defense verdict, despite these headwinds, based on our experience navigating trials in…

Continue Reading Jury Trials in 2024: Seyfarth’s Employment Trial Team on Lessons from the Front Lines

By Linda C. Schoonmaker and Eron F. Reid

Seyfarth Synopsis: We previously wrote about the procuring-cause doctrine here. As a refresher, the procuring-cause doctrine provides that a salesperson or other agent who contracts for a commission becomes entitled to payment of the commission when through his efforts he produces a buyer who is ready, able, and willing to…

Continue Reading Asking Again-Do You Really Want to Keep Paying Commissions to the Salesperson You Fired? (Update)

By Dawn Solowey, Lynn Kappelman, and Darien Harris

Seyfarth Synopsis:  A unanimous Supreme Court has issued its decision in Groff v. Dejoy, clarifying Title VII’s undue hardship standard to mean “substantial increased costs in relation to the conduct of its particular business.”  The Court effectively disavowed the long-standing de minimis standard from the seminal TWA v. Hardison…

Continue Reading A Unanimous Supreme Court Rules on Undue Hardship in Religious Accommodation: De Minimis Is Out, “Substantial Increased Costs” Is In

By Dawn Reddy Solowey

Seyfarth Synopsis: Yesterday the Supreme Court held oral argument in Groff v. DeJoy, a case in which the Court is considering whether to overturn decades of precedent established by the seminal religious accommodation case, Trans World Airlines Inc., v. Hardison.  Decided in 1977, Hardison is the seminal case establishing that an employer is…

Continue Reading Takeaways From SCOTUS Oral Argument in Groff v. Dejoy: Justices Attempt to Find “Common Ground” on Religious Accommodation Test

Seyfarth Synopsis: Seyfarth announces the publication of Seyfarth Shaw’s 2023 Edition of its EEOC-Initiated Litigation Report.

It is with great excitement that we announce the publication of Seyfarth Shaw’s 2023 Edition of its EEOC-Initiated Litigation Report. 2022 was another year of great change at the U.S. Equal Employment Opportunity Commission – and 2023 promises to be a year of…

Continue Reading Seyfarth’s 2023 EEOC-Initiated Litigation Report Focuses on Big Changes at the EEOC

By Michelle Shamouilian, Daniel I. Small, Courtney S. Stieber, and Robert S. Whitman

Seyfarth Synopsis: A bill pending in the New York City Council would prohibit employers from discharging employees absent just cause or a bona fide economic reason.  The bill would also ban employers from relying on data collected through electronic monitoring when discharging or disciplining…

Continue Reading At-Will No More? New York City Bill Would Restrict Discharge of Employees