Seyfarth Synopsis: In Braidwood Management, Inc. v. Equal Employment Opportunity Commission, the Fifth Circuit endorsed for-profit employers integrating their religious beliefs into their employment policies to apply the Religious Freedom Restoration Act of 1993 (RFRA) as a shield from complying with the prohibitions against sex discrimination under Title VII of the Civil Rights Act of 1964. This endorsement was…

Continue Reading The Fifth Circuit Recognizes a “Super Statute” for Religious For-Profit Employers

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 Christopher F. Robertson and Craig B. Simonsen

The Fourth Circuit Court of Appeals recently ruled that a Sarbanes-Oxley Act (SOX) claim initially timely filed with OSHA and then withdrawn falls within 28 U.S.C. § 1658(a), the “catch-all limitations period,” which provides a four year limitations period.  Jones v. SouthPeak Interactive Corp. of Del., No. 13-2399 (4th Cir., 1/26/15).
Continue Reading Four Years To Sue On SOX Claim Withdrawn From OSHA

By: Clark Smith

Retaliation claims are now the most common type of claim filed with the EEOC.  Twenty years ago, only 15% of the charges complained of retaliation.  By 2013, that total had leapfrogged to 41% (yes that number includes charges brought under federal whistleblower statutes, such as Dodd-Frank – but that’s a big jump), and is higher…
Continue Reading Is Retaliation The New Discrimination??