Labor and Employment Law

Recent Posts

VanDeusen and Simons on Thompson v. North American Stainless, LP
Posted on 17 Aug 2010 by Darrell VanDeusen

by Darrell VanDeusen and Adam T. Simons ( Mr. Simons is an associate at Kollman & Saucier, having recently completed a clerkship on the Maryland Court of Special Appeals ) The Court will revisit the issue of retaliation in Thompson v. North American... Read More

U.S. High Court Hears Arguments on Proof of Title VII Retaliation Claims
Posted on 24 Apr 2013 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) A Title VII of the Civil Rights Act of 1964 retaliation claim must prove but-for causation, the attorney representing the University of Texas Southwestern Medical Center (UTSW) argued before the U.S. Supreme Court... Read More

Employment Discrimination by the Numbers: Foreign Edition
Posted on 4 Apr 2012 by Eric Meyer

Now in autotune . (Betcha didn't expect that). Yesterday, we were rapping (without the benefit of autotune) about immigration status and unlawful discrimination and concluded that Title VII of the Civil Rights Act of 1964 does not prohibit... Read More

Can an Employee Be Fired For Having Too Many Kids?
Posted on 4 Sep 2015 by Robin Shea

Yahoo’s CEO Marissa Mayer announced this week that she is expecting twin girls , and Yahoo’s stock reportedly took an immediate dive . ( H8rs! ) Mayer said that she plans to take only two weeks off, and she can probably manage that because... Read More

Sexual Harassment against Uncle Sam
Posted on 10 Aug 2011 by Craig Salner

Today we look at a case that's interesting both factually and procedurally. In Jenkins v. Mabus , 2011 WL 2936331 (8th Cir. 2011), Plaintiff sued the Secretary of the Navy for sexual harassment and retaliation under Title VII as well as state law... Read More

SCOTUS Grants Cert in Supervisor Liability Case
Posted on 27 Jun 2012 by Philip Miles

Breaking news from the Supreme Court (sorry, no health care opinion today): The Supreme Court has granted certiorari in Vance v. Ball State University . You can read the order here in case you think I'm lying. The Petitioner's Brief (available... Read More

Associational retaliation is not the FMLA's peanut butter cup
Posted on 9 Jul 2012 by Jon Hyman

In Thompson v. North Am. Stainless , the Supreme Court held that Title VII prohibits associational retaliation; an employer cannot retaliate against an employee by taking an adverse action against that employee's close family member. The FMLA permits... Read More

Democrats Seek to Undo 2013 Supreme Court Ruling Defining Workplace "Supervisor"
Posted on 18 Mar 2014 by Eric Meyer

Has the Supreme Court's 5-4 decision in Vance v. Ball State [ an enhanced version of this opinion is available to lexis.com subscribers ] been keeping you up at night? *** logs IP numbers; obtains restraining orders *** Well, ok. I can see why... Read More

Does a "good faith belief" about an illegal pay practice support an FLSA retaliation claim?
Posted on 9 Aug 2012 by Jon Hyman

April Hurd worked as a nurse's aide for Blossom 24 Hour We Care Center. The company fired her 10 days after she complained about unpaid overtime. Easy case for the employee? If you think this is an open and shut case of retaliation under the FLSA... Read More

Law in a Minute: Evidence of Applicant or Employee Convictions in Employment Decisions
Posted on 16 Nov 2012 by Ashley Kasarjian

I spoke this morning at a roundtable discussion regarding the use of criminal record information obtained through background checks and also data privacy and security at a Human Resources Committee roundtable hosted by the American Council of Engineering... Read More

Third Circuit: Shareholder Not "Employee" Under Title VII
Posted on 6 May 2013 by Philip Miles

Earlier this week, the Third Circuit issued its opinion in Mariotti v. Mariotti Building Products, Inc. [ an enhanced version of this opinion is available to lexis.com subscribers ], holding that a shareholder was not an "employee" under... Read More

New bill would require accommodations for pregnant employees
Posted on 11 Oct 2012 by Eric Meyer

Does an employer have to provide a reasonable accommodation to a pregnant employee to allow her to perform the essential functions her job? Let's see. Americans with Disabilities Act? No. Pregnancy is not a disability. Title VII of the Civil... Read More

VanDeusen on Univ. of Texas Sw. Med. Ctr. v. Nassar: Supreme Court Holds "But-For" Standard Applies in Title VII Retaliation Cases
Posted on 2 Aug 2013 by Darrell VanDeusen

In perhaps the biggest employment case this term, the Supreme Court has held that a "but-for" standard – not the "mixed motive" analysis applies to retaliation claims under Title VII. In Univ. of Texas Sw. Med. Ctr. v. Nassar... Read More

Where the Rubber Meets the Road: Fourth Circuit Says Only Those Allegations Included in a Plaintiff’s EEOC Charge Are Fair Game in a Title VII Lawsuit
Posted on 21 May 2013 by Steptoe & Johnson PLLC

by Julie Arbore When employers are hauled into Court and sued for discrimination after already defending a charge for the same conduct in front of the EEOC or state human rights agency, they usually have a pretty good idea what they are defending... Read More

Retaliation Suits Under Title VII in the Fourth Circuit: Panoramic Views & the Rejection of the Manager Rule
Posted on 11 Sep 2015 by Steptoe & Johnson PLLC

by Benjamin W. Mounts Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin. To give effect to this prohibition, the statute imposes liability on employers who retaliate against employees who oppose unlawful... Read More