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: 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
Continue Reading Florida’s Stop WOKE Act Is Set To Go Into Effect On July 1 – What Should Employers Do?

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.

The City of
Continue Reading Chicago Strengthens Its Protections Against Sexual Harassment With Mandatory Policies And Trainings For All Employers

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
Continue Reading An Age Old Problem: Age Discrimination Cases in the Workplace

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
Continue Reading Considerations for Employers Returning To Work Amidst Social Unrest and COVID-19

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
Continue Reading Too Little, Too Late: The First Circuit Finds For Employers in an Accommodation Request Made After The Termination Decision

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
Continue Reading Punitives Are Meant to Punish: So What Happens When Management Watches & Ignores Complaints of Female-on-Male Sexual Harassment?

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
Continue Reading “But For” or “Motivating Factor” Under the FMLA? The Fifth Circuit May Soon Clarify and Join the Circuit Split

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.
Continue Reading Three Ways COVID-19 Is Changing How We Will Work In The Future

By Tonya M. Esposito and Renee B. Appel

Seyfarth Synopsis:  In its largest mass enforcement action involving cannabidiol (CBD) yet, the U.S. Food & Drug Administration (FDA) announced on November 25 the issuance of 15 warning letters to various companies for illegally selling products containing CBD.  In addition to the letters, the FDA published a revised Consumer Update detailing
Continue Reading FDA Stresses CBD Safety Concerns in 15 Warning Letters and Revised Consumer Update