By Rachel A. Duboff and Erin Dougherty Foley
Seyfarth Synopsis: Employers can take precaution against discrimination claims by ensuring they have legitimate, nondiscriminatory reasoning for their decision-making. An honest explanation of their behavior makes it credible.
The Eighth Circuit’s recent opinion in Banford v. Board of Regents of UM affirms the steps required to prove a discrimination claim. Plaintiff
Continue Reading The Devil is in the Pretext: No Successful Discrimination Claim If Employee Does Not Carry Burden to Prove Ulterior Explanation for Employer’s Actions
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.
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. 
Seyfarth Synopsis: In 
Seyfarth Synopsis: The First Circuit recently sided with an employer in a disability discrimination suit in 
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 
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 
Seyfarth Synopsis: On January 29, 2019, the Massachusetts 
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. 
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.