By Johanna T. Wise and Alexander Meier

Seyfarth Synopsis. The Eleventh Circuit clarifies the framework in mixed-motive cases. Although damages are limited, a plaintiff can establish a mixed-motive claim by showing a protected characteristic was a motivating factor for an adverse employment action.

Historically, district courts in the Eleventh Circuit were loath to depart from the traditional McDonnell Douglas burden-shifting
Continue Reading Un-Mixing The Mixed-Motive Standard

By Sam Schwartz-Fenwick and Kylie Byron

A Judge in the Northern District of Illinois has found that the protections of Title VII of the Civil Rights Act of 1964 do not extend to cases of discrimination on the basis of sexual orientation.

This ruling is in line with longstanding judicial reluctance to expand the scope of Title VII to encompass
Continue Reading When Will We Know If Title VII Applies To Cases of Sexual Orientation Discrimination?

In the fourth installment of articles looking at the employment law cases being heard by the US Supreme Court this fall term, Montanile addresses issues near and dear to every employer’s heart – ERISA plans and the reimbursement/recoupment of plan funds.  For those readers who manage and worry about these plans and issues, read on!

Supreme Court To Decide What


Continue Reading ELL SCOTUS Series # 4 – Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan

By: Gena B. Usenheimer and Samuel Sverdlov

Of the issues arising under the Americans with Disabilities Act (“ADA”), few are more nuanced and complex than an employer’s rights and responsibilities regarding employees with an alcohol addiction or dependence.  Commercial truck drivers present a unique issue as companies that employ drivers to spend long hours on the road present safety concerns
Continue Reading Eleventh Circuit Says “NO” to Drunk Driving