By Bailey K. Bifoss and Andrew M. McNaught

Seyfarth Synopsis: Qualified immunity did not supply a Pennsylvania judge with a get out of jail free card, the Third Circuit concluded, holding that sexual harassment and retaliation in the workplace violate clearly established constitutional rights. However, the judge’s appeal was not a total wash, as the court refused to adopt
Continue Reading Third Circuit Refuses to Grant Immunity to Pennsylvania Judge on Probation Officer’s Harassment Claims

By Honore N. Hishamunda and Brett C. Bartlett

Seyfarth Synopsis: Managing employees engaged in potentially protected activity can be tricky when disciplinary and other normal employment actions might be misconstrued as unlawful retaliation. A recent decision from the United States Court of Appeals for the Eleventh Circuit, however, makes clear that employers may manage employees engaged in protected activity,
Continue Reading Title VII, Section 1981, and the Limits of Protected Activity

By Nolan R. Theurer and Andrew M. McNaught

Seyfarth Synopsis: On August 18, 2020, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment on a plaintiff’s associational disability discrimination and retaliation claims, finding the plaintiff failed to support his allegations with sufficient evidence. The decision prevents plaintiffs with associational discrimination claims from relying on unsupported allegations of
Continue Reading 7th Circuit Focuses On Evidence To Avoid Distraction In Associational Discrimination Case

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 James L. CurtisAdam R. Young, Matthew A. Sloan, and Craig B. Simonsen

Seyfarth Synopsis: Employees who complain about safety measures to protect employees from COVID-19 may be protected from retaliation by federal and state laws.  Employees who refuse to perform job functions may also be protected.

News media reports during the COVID-19 pandemic highlight
Continue Reading Whistleblower Liability for Employee Safety Complaints During the COVID-19 Pandemic

By Steve Shardonofsky, Linda C. Schoonmaker, Vanessa Rogers, and Joshua D. Seidman

Seyfarth Synopsis:  Last April, the Dallas City Council passed an ordinance requiring employers to provide employees who work within the City of Dallas with 48 or 64 hours of paid sick leave per year, depending on size.  Despite pending lawsuits challenging the legality of the
Continue Reading If Pain, Yes Gain — Part 81: Dallas Employers Get Ready–Full Paid Sick Leave Enforcement Begins April 1!!

By Stan Hill and Cary Reid Burke

Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation, an employee must actually ask for an accommodation (although not necessarily using any magic words). Second, and just as fundamentally, employees must
Continue Reading Ask, or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

By Linda C. Schoonmaker and Vanessa Rogers

Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court of Appeals for the Fifth Circuit issued a decision providing insight into vaccination accommodations and establishing favorable precedent for employers.

Specifically, the
Continue Reading 5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee Vaccination Case

By Paul Galligan and Meredith-Anne Berger

Seyfarth Synopsis: The New York City Council voted to expand the anti-discrimination and retaliation provisions of the Human Rights Law to freelancers and independent contractors.  The bill is awaiting the Mayor’s signature.  New York City employers should also be aware that the law prohibiting retaliation against anyone who requests a reasonable accommodation goes
Continue Reading New York’s Latest Expansions to Human Rights Laws Shake Up Employment Landscape

By Michael Jacobsen, Christopher DeGroff, and Gerald L. Maatman, Jr.

Seyfarth Synopsis:  On April 10, 2019, the EEOC released its comprehensive enforcement and litigation statistics for Fiscal Year 2018.  The release arrived a few months later than usual – likely due to the recent government shutdown – but still packed a punch in several respects, including to the back-drop

Continue Reading And The Train Kept A-Rolling: EEOC’s 2018 Enforcement And Litigation Statistics Show Charges Down But The Agency Still On The Move