By Christina Jaremus and Erin Dougherty Foley
Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in legally protected activity at or around the same time as their misconduct.
On April 30, 2020, the 11th
Continue Reading What To Do When Employee Misconduct And Protected Activity Collide?
By Louisa J. Johnson and James J. Swartz, Jr.
Seyfarth Synopsis: On April, 17, 2020, the Eleventh Circuit Court of Appeals in Durham v. Rural/Metro Corp., No. 18-14687, considered a matter of first impression within the Circuit and became one of the first appellate courts to consider the following: who is deemed a valid comparator to a pregnant
Continue Reading Eleventh Circuit Finds Comparator Evidence Requirement Less Stringent Under the Pregnancy Discrimination Act
By Steve Shardonofsky and Alex S. Oxyer
Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently reversed summary judgment in favor of an employer on failure to promote claims, finding that the apparent preselection of a candidate prior to the interview process cast doubt on the selection criteria and the purported reason(s) the plaintiff was not hired. The case —
Continue Reading Employers and Hiring Managers Beware: The Sixth Circuit Reminds Us That Preselection Decisions May Cast Doubt On Hiring Process and Selection Criteria
By Condon McGlothlen, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The Illinois General Assembly passed SB 1557, revising the language of the Recreational Cannabis Law to reduce but not completely eliminate employer liabilities.
As we previously blogged, the Illinois Cannabis Regulation and Tax Act (410 ILCS 705) (the “Legalization Act”) will legalize recreational cannabis
Continue Reading Illinois General Assembly Passes Amendments to Recreational Cannabis Law That Help Reduce Employer Liability
Seyfarth Synopsis: Given this recent New Mexico medical marijuana law change discussed here, employers in all jurisdictions should review their current policies and practices addressing “weed at work” and continue to monitor developments in this evolving area of law.
Although New Mexico has had a medical marijuana law in place since 2007, it did not contain
Continue Reading New Mexico Just Became Employee-Friendly to Medical Marijuana Users
By John P. Phillips and Linda Schoonmaker
Seyfarth Synopsis: In a recent decision, the U.S. Court of Appeals for the Sixth Circuit ruled that former employees need not return severance pay before filing a lawsuit against an employer, when the employee alleges the severance agreement should be rescinded and is bringing discrimination claims under Title VII or the Equal
Continue Reading Having Your Cake and Eating It Too: Sixth Circuit Rules that Employees Need Not Return Severance Pay Before Suing
By Megan P. Toth and Erin Dougherty Foley
Seyfarth Synopsis: The Washington State Office of the Attorney General has recently published a Guide outlining pregnant employees’ civil rights under the Washington “Healthy Starts Act,” a law which became effective July 23, 2017.
Under the Healthy Starts Act, employers with at least 15 employees in the state of Washington
Continue Reading Washington State Releases Guide on Pregnancy Accommodations
By Pamela Q. Devata , Robert T. Szyba, and Stacey L. Blecher
Seyfarth Synopsis: Over the past few years, restrictions regarding the use of credit checks by employers on applicants and employees have been passed at various state and municipal levels, and the federal government has indicated its own concerns of potential discriminatory impact of the use of
Continue Reading Using Credit Histories in Employment Decisions: An Overview of Divergent State & Local Requirements
By Pamela Q. Devata and Jennifer L. Mora
Seyfarth Synopsis: In the last three years, employers have seen a sharp increase in the number of employment class actions under the Fair Credit Reporting Act (FCRA). Most of the reported cases involve challenges to the employer’s procedures before ordering a background report. More recently, however, we are seeing more cases
Continue Reading Court Holds that Receiving an Updated Background Report May Require a Second Pre-Adverse Action Notice
By Kelsey P. Montgomery and Dawn Reddy Solowey
Seyfarth Synopsis: Telling African-American employees “that if they had ‘n—– rigged’ the fence, they would be fired” may be enough, standing alone, to state a hostile work environment claim. The Third Circuit clarifies that “severe or pervasive” discrimination is the correct standard for hostile work environment claims.
The Third Circuit recently held
Continue Reading Words Matter: The Third Circuit Clarifies That a Single Racial Slur in the Workplace May Be Enough to State a Hostile Work Environment Claim.