Searching Content indexed under Employment Litigation/ Tribunals by Bowditch & Dewey ordered by Published Date Descending.
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The Pay Equity Battle Continues
In 2019, women still only earn $0.79 for every dollar that men make, and now the fight for pay equity continues on the soccer field.
United States
19 Jul 2019
"As A Concept, Pay Equity Seems Simple In Its Application…"
So began a decision out of the United States District Court for the District of Oregon last month, which dismissed a lawsuit brought by Jennifer Freyd.
United States
3 Jul 2019
Super ‘Subs'? Maybe, Says Federal Appeals Court
In a decision issued on March 12, the United States Court of Appeals for the District of Columbia rejected an NLRB order that sought to require the University of Southern California ...
United States
10 Apr 2019
Combating Opioid Abuse In The Workplace – A Proactive Approach For Employers
The opioid crisis in America remains at epidemic proportions.
United States
6 Nov 2018
NY Federal Court Limits Breach Of Contract Claims Against Universities For Failing To Follow Internal Termination Policies
On January 25, 2018, the U.S. District Court for the Western District of New York upheld the legal standard established by prior precedence that a breach of contract claim brought by a professor ...
United States
28 Mar 2018
HRMA Perspectives Publishes "Non-Compete Reform In Massachusetts: 2018 Could Be The Year"
On October 31, 2017, the Joint Committee on Labor and Workforce Development held a hearing on six separate bills to regulate non-competition agreements within the Commonwealth.
United States
8 Feb 2018
Tail Wags Dog Again: Retaliation Claim Survives Despite Dismissal of Harassment Claim
The United States District Court for the Northern District of Illinois recently weighed in on the dichotomy of having an untenable discrimination claim but a viable retaliation claim.
United States
15 Jan 2018
Court Finds Disability Must be Sole Reason for Firing
The United States District Court for the Eastern District of Kentucky recently decided that mere knowledge of an employee's disability is insufficient to establish that the disability was the sole cause of the employee's termination, and therefore discriminatory.
United States
15 Jan 2018
Medical Marijuana In The Workplace: An Employee's Balm; An Employer's Bane
On July 17th, the Supreme Judicial Court ruled that Massachusetts employers may not terminate an employee merely because of his or her off-site use of medical marijuana.
United States
30 Nov 2017
A Nationwide Standstill: Extending the Definition of Sex Discrimination to Include Gender Identity
On December 31, 2016, the Federal District Court for the Northern District of Texas issued a nationwide injunction blocking the implementation or enforcement of Section 1557's provision extending the definition of sex discrimination to gender identity.
United States
14 Nov 2017
Short-Term Disability Denial for Gender Reassignment
In Baker v. Aetna, (U.S. Northern District Court of Texas, 2017), Charlize Marie Baker filed claims against her employer and Aetna after having been denied benefits under the health plan and the short-term disability plan for coverage of breast implants recommended by her physicians as part of her male-to-female transition.
United States
13 Nov 2017
Is a Dependent's Gender Reassignment Covered Under Employer-Sponsored Benefits Plans?
In Tovar v. Essentia Health (U.S. 8th Circuit Court of Appeals, 2017), Brittany Tovar sought and was denied benefits needed for her son's gender reassignment based on a diagnosis of gender dysphoria, as the Essentia health plan explicitly excluded such benefits.
United States
8 Nov 2017
Shift Beer? First, Some Liability Considerations For Breweries With Free Beer Policies For Employees
Craft Brewing Business published an article by David Viens today covering several liability issues that brewers should consider when offering complimentary beer to employees.
United States
17 Oct 2017
Court Refuses to Adopt View That Member of a Protected Class Cannot Discriminate Against Other Members of That Class
In an opinion issued on August 22, a federal judge in Washington, D.C., reiterated that a member of a protected class can, in fact, discriminate against members of that class. In Moore v. Howard University, a former security guard alleged that the university terminated his employment because of his race.
United States
1 Sep 2017
Federal Court Upholds Validity of Harvard's Employee Separation Agreement
On August 7, 2017, the U.S. District Court for the District of Massachusetts dismissed a disability discrimination claim brought by a former employee against Harvard University, ruling that the employee had released all claims against the University when she accepted the terms of her separation agreement.
United States
29 Aug 2017
Supervisors and Managers Can Use Subordinates as "Comparators" in Workplace Discrimination Cases
On August 2, 2017, a federal judge ruled that supervisors and managers can use their subordinates as "comparators" for lodging workplace discrimination suits against their employers.
United States
29 Aug 2017
Educational Institutions Affiliated with Religious Organizations May Be Liable Under Massachusetts Law For Hiring or Firing Based on Religious Principles
Massachusetts statute G. L. c. 151B prohibits, among other things, employers from discriminating on the basis of race, color, religious creed, national origin, ancestry, sex, gender identity, or sexual orientation.
United States
7 Aug 2017
Medical Marijuana in the Workplace: An Employee's Balm; an Employer's Bane
On July 17th, the Supreme Judicial Court ruled that Massachusetts employers may not terminate an employee merely because of his or her off-site use of medical marijuana.
United States
26 Jul 2017
Major Companies Call for Second Circuit to Declare Discrimination Based on Sexual Orientation Unlawful under Title VII
On May 25, 2017, the Second Circuit Court of Appeals agreed to rehear the case of Zarda v. Altitude Express, Inc. to determine whether Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation, and invited the submission of amicus curiae ("friend of the court") briefs on the issue from interested parties.
United States
24 Jul 2017
Seventh Circuit's En Banc Decision in Hively Opens Door For Transgender Protection Under Title VII
As we reported a few months ago in a previous article, "7th Circuit Rehears Hively Case", the Seventh Circuit Court of Appeals agreed to rehear the case of Hively v. Ivy Tech Community College, on the issue of whether Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation.
United States
9 Jun 2017
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