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
By Samantha L. Brooks and Karla Grossenbacher
Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers.
In this case, a Maryland state government employee claimed that she was retaliated against for a Facebook post where she referred to a Maryland gubernatorial candidate as an “a**clown.” In
Continue Reading Maryland State Government Employee’s Job Duties Reinstated after Demotion Following Facebook Post
By Dawn Reddy Solowey and Latoya R. Laing
Seyfarth Synopsis: The 8th Circuit recently held that while a request for a religious accommodation may qualify as a protected activity, it is not necessarily “oppositional” so as to give rise to an opposition-clause retaliation claim under Title VII. Employers considering requests for religious accommodation should, despite this Circuit’s narrow decision,
Continue Reading 8th Circuit Agrees, Request for Religious Accommodation is not Oppositional Conduct
By John Ayers-Mann and Patrick J. Bannon
Seyfarth Synopsis: Although an employee can prove discrimination by showing that an employer’s reasons for adverse action are pretextual, the Eleventh Circuit finds that an employee must do more than merely contest the proffered reasons to survive summary judgment.
A recent Eleventh Circuit decision illustrates that Plaintiffs in discrimination cases face a
Continue Reading How Narrow is a Discrimination Plaintiff’s Road to Trial in the Eleventh Circuit?
By Mark A. Lies, II, Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has just issued a Standard Interpretation clarifying the Obama-era guidance that prohibited incentive programs and circumscribed post-incident drug testing; “Clarification of OSHA’s Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R. §1904.35(b)(1)(iv).”
We previously
Continue Reading OSHA Clarifies Position on Lawful Post-Incident Drug Testing and Reverses Course on Safety Incentive Programs
By Ilana R. Morady and Jaclyn A. Gross
Seyfarth Synopsis: The Sixth Circuit recently upheld an administrative decision in favor of a miner’s whistleblower complaint, further underscoring the need for mine operators to implement strong anti-retaliation policies and keep detailed supporting records of internal investigations and employment-related decisions.
The Federal Mine Safety and Health Act (Mine Act) was originally
Continue Reading Sixth Circuit Denies Review of Judgment Favoring Former Employee in Retaliation Claim Under the Mine Act
By Karla Grossenbacher and Jaclyn W. Hamlin
Seyfarth Synopsis: The Fourth Circuit revived the retaliation case of a former city employee who was terminated one day after expressing an intent to file a formal grievance against her supervisor for race-based harassment, finding the plaintiff’s belief that she was being subjected to unlawful harassment to be reasonable – and noting
Continue Reading Fourth Circuit Finds Former Employee Established Prima Facie Case of Retaliation
By Michael L. DeMarino and Dawn R. Solowey
Seyfarth Synopsis: Title VII requires employers to make “reasonable accommodations” for an employee’s religious practices. But what is “reasonable” has been the subject of much debate and litigation. The Tenth Circuit’s decision in Christmon v. B&B Airparts, Inc., No. 17-3209, 2018 WL 2344628, at *1 (10th Cir. May 24,
Continue Reading Tenth Circuit Reaffirms That Title VII Does Not Require Employers to Offer an Employee Their “Preferred” Religious Accommodation
By Erin Dougherty Foley and Craig B. Simonsen
Seyfarth Synopsis: In this case a home-care nurse complained about the quality of care her patient received from the patient’s family members. Subsequent review and inspections by the company found some “serious problems” with the employee’s care-giving — and ultimately led to her termination. The Sixth Circuit Court agreed with the
Continue Reading Sixth Circuit Court Agrees with Home Healthcare Employer’s Termination of Nurse
By Christopher Im and Sharisse R. Deal
Seyfarth Synopsis: Private employers can face competing obligations when it comes to responding to employees’ expressive conduct. Employee rights may collide with employer obligations to maintain a safe and harassment-free work environment, not to mention the employer’s interest in maintaining productivity and avoiding adverse publicity. Here are some guiding principles.
“How’s work?”
Continue Reading Not Just Sticks and Stones: When Should Employers Step In?