By Danielle R. Rabie, Megan P. Toth, and Erin Dougherty Foley

Seyfarth Synopsis: On February 19th and 26th, 2021, Illinois legislatures introduced new bills that, if passed, would get rid of at-will employment, only allowing employers to terminate employees for just-cause, and require severance pay for terminated employees, effective January 1, 2022.

On February 19th and February 26th,
Continue Reading An End to At-Will Employment in Illinois? Newly Introduced Legislation Seeks to do Just That

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 Christina Jaremus and Erin Dougherty Foley

Seyfarth Synopsis: In Frappied v. Affinity Gaming Black Hawk, LLC, 966 F.3d 1038 (10th Cir. 2020), the Tenth Circuit reversed dismissal and summary judgment in favor of Affinity Gaming Black Hawk, LLC (Affinity) on three of four discrimination claims brought by former Casino employees. The basis for the Court’s decision highlights
Continue Reading Age and “Sex-Plus” Discrimination Claims Against Casino Highlight Considerations To Avoid Gambling When Implementing Layoffs

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 Jacob Oslick and Robert Nobile

Seyfarth Synopsis:  Does Pennsylvania’s public policy preclude a nuclear power plant from terminating an employee for being drunk on the job? “No,” the United States District Court for the Middle District of Pennsylvania ruled this October

The employee, a long-time production foreman, failed a blood alcohol test in February 2018.  In response,
Continue Reading Does it Violate Public Policy to Terminate a Drunk Employee? “Absolut”-ly Not

By Linda C. Schoonmaker and Brian A. Wadsworth

Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance issues and following internal policies. This case serves as a good reminder for employers to continue to document performance issues
Continue Reading Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues

By Robert A. Fisher, James M. Hlawek, and Christopher W. Kelleher

Seyfarth Synopsis: On January 29, 2019, the Massachusetts Supreme Judicial Court held that the failure to grant a lateral transfer may be the basis of a discrimination claim under Massachusetts anti-discrimination law where an employee can show there are material differences between the two positions in
Continue Reading Massachusetts High Court Finds Failure to Grant Lateral Transfer May Be Discrimination

By Samantha L. Brooks

Seyfarth Synopsis: In a recent decision, the Eighth Circuit held that Title VII does not require an employer to provide an employee a reason for termination at the time of termination, and that an employer is not strictly bound in litigation to whatever reasons may have been provided at the time of termination. Rooney v.
Continue Reading Eighth Circuit: Employer May “Elaborate” on Explanation for Termination During Litigation

By Karla E. Sanchez and Craig B. Simonsen

Seyfarth Synopsis: Employer must reinstate four employees after it terminated the employees for agreeing with a former coworker’s email that complained about their terms and conditions of employment.

Recently, a National Labor Relations Board Administrative Law Judge ruled that a restaurant unlawfully reprimanded and discharged several employees in violation of
Continue Reading Restaurant Wrong To Fire Workers Over Email Criticizing the Restaurant and its Managers