By Erin Dougherty Foley, Ashley K. Laken, and Craig B. Simonsen
Seyfarth Synopsis: According to the EEOC in this just filed lawsuit, a home care services provider in North Carolina violated federal disability rights law when it rejected telecommuting requests from an employee whose asthma and COPD “made her sensitive to workplace smells.”
Earlier this month, the
Continue Reading Watch Out: Workplace Smells, ADA Disability, Telecommuting, and an EEOC Lawsuit
Seyfarth Synopsis: A recent decision by a federal district court in Minnesota held that a religious accommodation request is not “protected activity” under Title VII. In defending retaliation litigation, employers should consider whether there is a viable argument that a request for religious accommodation is not sufficient to establish protected activity as a matter of
Continue Reading Court Rules Request for Religious Accommodation Is Not “Protected Activity” for Title VII Retaliation
Seyfarth Synopsis: In EEOC v. Consol Energy, Inc., the Fourth Circuit Court of Appeals upheld a judgment against an employer for failing to accommodate an employee’s religious belief that a biometric hand scanner would tag him with the “Mark of the Beast,” contrary to his evangelical Christian religious beliefs.
On June 12, 2017, in EEOC v.
Continue Reading The Antichrist at Work: 4th Circuit Affirms Judgment Against Employer for Failing to Accommodate Employee’s Religious Belief Regarding “Mark of the Beast”
By Andrew S. Boutros and Craig B. Simonsen
Seyfarth Synopsis: Federal whistleblower laws collide with the in-house attorney-client privilege. The trial round goes to the whistleblower. The expected appellate round still has not been fought.
In a February 7, 2017 jury verdict, the plaintiff, Sanford S. Wadler, the former General Counsel of Bio-Rad Laboratories, Inc., was awarded $7.29
Continue Reading Federal Whistleblower Laws Collide With The Attorney-Client Privilege: The Bio-Rad Case Study
By Paul Galligan and Samuel Sverdlov
Seyfarth Synopsis: The District Court of the Southern District of New York granted an employer’s motion for summary judgment on an employee’s failure to accommodate claims, holding that the plaintiff did not hold a bona fide religious belief, and failed to provide notice to the employer regarding his need for religious accommodation.
By Steve Shardonofsky and Tiffany T. Tran
Seyfarth Synopsis: In a somewhat rare interlocutory appeal, the Fifth Circuit reviewed and reaffirmed a 40-year old case holding that emotional distress and punitive damages are not available under the ADEA. This decision rejected the EEOC’s own interpretation and is welcomed news for employers doing business in the Fifth Circuit because damages
Continue Reading Fifth Circuit Protects 40-Year-Old Case and Affirms ADEA Limits On Recoverable Damages
By Meredith-Anne Berger and Tracy M. Billows
Seyfarth Synopsis: Recently, the Second Circuit held that the “cat’s paw” theory of liability may be used to support recovery for claims of retaliation where an employer negligently relies on information provided by a low-level employee with an “unlawful animus,” allowing employees to have an “outsize role” in an employment decision.
In
Continue Reading Second Circuit “Purrs” On Cat’s Paw Liability Case
Last week, the EEOC issued new guidance on how it will review and enforce claims of retaliation. Our colleagues at the Workplace Class Action blog have provided a great overview. Check it out HERE.
Continue Reading The EEOC Issues New Enforcement Guidance On Retaliation
By Mark A. Lies, II and Adam R. Young
Seyfarth Synopsis: New OSHA final rule requires employer to submit data electronically, to be posted on the OSHA website.
On May 12, 2016 the Occupational Safety and Health Administration published the final rules requiring employers to submit injury and illness data electronically. 81 Fed. Reg. 29624.
OSHA will release
Continue Reading OSHA To Post Employer Injury Data Online, Will Require Employers to Submit Logs Electronically
By Kevin A. Fritz, Andrew R. Cockroft, and Craig B. Simonsen
Seyfarth Synopsis: Petitioner to the Supreme Court claims that the Sixth Circuit engaged in a “separate but equal” rationale when it rejected her claim that her employer discriminated against her based on race after the employer allegedly acquiesced to a Caucasian family’s request that no African American
Continue Reading Nursing Manager, Removed from Patient Case, Seeks Supreme Court Review in Discrimination Case