Employers are not only responsible for the conduct of their employees in the workplace; there also exists an obligation to protect employees from the conduct of third parties with whom an employer chooses to work. A circuit split has developed …
As we previously discussed with respect to the rollback of the EEOC Enforcement Guidance on Harassment in the Workplace (“2024 Memo”), recission of guidance does not change employer compliance obligations under the law. In 2021, the EEOC launched its initiative …
If you don’t recall the pivotal decision of the United States Supreme Court in Bostock v. Clayton County, here is a refresher. The case represented a historic civil rights ruling in which the Court found prohibitions against discrimination based on …
What must an employee show to establish they have been subject to adverse action by their employer? In Muldrow v. City of St Louis, the Supreme Court of the United States considered this question. Sergeant Jatonya Clayborn Muldrow (Plaintiff), a …
In EEOC v. Drivers Management LLC and Werner Enterprises, the Eighth Circuit Court of Appeals considered whether Werner Enterprises (“Werner”) had proven affirmative defenses of undue hardship and direct threat for failure to hire and accommodate CDL holder, Victor Robinson …
In Kuklenski v. Medtronic USA, Inc., the Eighth Circuit Court of Appeals considered whether an employee working remotely at a Minnesota-based company was an employee as defined and contemplated under the Minnesota Human Rights Act (“MHRA”). The MHRA describes an …
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In a reminder to employers of the importance of thorough investigations and consistent policy, in Ismael v. Roundtree et al, the Eleventh Circuit Court of Appeals found that even where a plaintiff in a retaliation or discrimination claim is unable …
In United States v. Eddings, the United States Court of Appeals, Third Circuit, considered the question of when an employee’s authorization to access an employer’s accounts ends. The appellant, Frances Eddings (“Eddings”), and her friend, Jude Denis (“Denis”), downloaded documents …
In District Hospital Partners, L.P. d/b/a The George Washington University Hospital, et al., v. 1199 Service Employees International Union, the United States Court of Appeals, District of Columbia considered claims of bad-faith against the employer. In its final decision the …
