| By Ada Dolph, Annette Tyman, Danielle Kays, Sam Schwartz-Fenwick, Sara Fowler, and Tom Posey About the Progam A lot can change in a year, especially during an election year! On a national level, as well as a state and local level, there have been many recent labor and employment law changes and even more changes |
Seventh Circuit Decision Highlights the Importance of Designing a Legally Compliant PTO Policy
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
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Florida’s Stop WOKE Act Is Set To Go Into Effect On July 1 – What Should Employers Do?
By: Julia Keenan, Alex Drummond and Robert Nobile
On July 1, 2022, the law Florida Governor Ron DeSantis labeled the “Stop the Wrongs to Our Kids and Employees,” or Stop WOKE (“Act”), is set to go into effect, amending Florida’s employment discrimination laws state wide. The Act is currently facing a First Amendment challenge in Florida. However, on Monday, June
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Chicago Strengthens Its Protections Against Sexual Harassment With Mandatory Policies And Trainings For All Employers
By Gillian B. Lepore, Vy’Shaey M. Mitchell, and Sara Eber Fowler
Seyfarth Synopsis: Chicago’s amendments to its Human Rights Ordinance – expanding the definition of sexual harassment and implementing new policy and training requirements – go into effect on July 1, 2022. Employers should ensure that they are updating their policies and training plans accordingly.
An Age Old Problem: Age Discrimination Cases in the Workplace
By Danielle R. Rabie and Erin Dougherty Foley
Seyfarth Synopsis: Despite inopportune remarks by a decision-maker, an employer was able to prevail in an age discrimination case where underlying reason for employee’s terminated was, in fact, insubordination, and not some pretext for discrimination.
Background
In January 2021, the Sixth Circuit Court of Appeals affirmed the Southern District of Ohio
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Considerations for Employers Returning To Work Amidst Social Unrest and COVID-19
By Erin Dougherty Foley and Katherine Mendez
Seyfarth Synopsis: In light of recent events, the Employment Law Lookout Blog provides some reflection and thought on returning to work in uncertain times.
In February and March we were only just preparing for, and beginning to respond to, the worldwide pandemic. Many of the issues related to returning to work have
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Too Little, Too Late: The First Circuit Finds For Employers in an Accommodation Request Made After The Termination Decision
By Linda C. Schoonmaker and Brian A. Wadsworth
Seyfarth Synopsis: The First Circuit recently sided with an employer in a disability discrimination suit in Trahan v. Wayfair Maine, Inc., Civil Action 19-1961.
The former employee plaintiff claimed that her employer discriminated against her when it terminated her employment and failed to honor her accommodation request after the employer
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Punitives Are Meant to Punish: So What Happens When Management Watches & Ignores Complaints of Female-on-Male Sexual Harassment?
By Kyla J. Miller and Tracy M. Billows
Seyfarth Synopsis: The 4th Circuit rejected a punitive damages award won by a male AutoZone worker who accused the Company of blatantly ignoring complaints of sexual harassment by his female co-worker, finding that managers who failed to act on his complaint, without proof of intentional conduct, did not warrant a punitive
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“But For” or “Motivating Factor” Under the FMLA? The Fifth Circuit May Soon Clarify and Join the Circuit Split
By Funto P. Seton and Esteban Shardonofsky
Seyfarth Synopsis: The US Supreme Court has never directly decided and the federal courts of appeal have not reached a unanimous decision on whether the “but for” or “motivating factor” standard applies to retaliation claims under the Family and Medical Leave Act (FMLA). An interlocutory appeal recently taken from the federal court
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Three Ways COVID-19 Is Changing How We Will Work In The Future
By Christina Jaremus and Katherine Mendez
Seyfarth Synopsis: Governors are already discussing lifting stay-at-home restrictions. However, certain changes to the workplace that were implemented during the shelter-in-place period may persist. As Steven Hawking said, intelligence is the ability to adapt to change. No one knows this better than businesses whose success often relies on quickly adapting to change.
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