Showing 5 posts in Civil Rights.
U.S. Supreme Court Evaluates Entitlement to Attorney’s Fees Under 42 U.S.C. 1983
A successful candidate for police chief sued the incumbent chief of police and the town, alleging defamation, federal civil rights claims, and other state law claims. After discovery and investigation concluded that the federal claims had no merit, the federal court dismissed those claims and sent the case back to state court where it originated. Based upon a statutory provision providing for the recovery of fees for the prevailing party in such a claim, the town and incumbent chief asked the court to award attorneys’ fees for their work on the federal court claims. The U.S. Supreme Court reviewed 42 U.S.C. §§ 1983 and 1988, and determined that while defendants may recover fees as the “prevailing party,” defendants may not obtain recovery for fees associated with non-frivolous, successful claims. Thus, when a suit involves both frivolous and non-frivolous claims, under the statute at issue, the courts may award reasonable attorney’s fees to the prevailing party, but only for costs that the prevailing party would not have incurred but for the frivolous claims. The potential for attorney’s fees awards is part and parcel of every lawsuit, and must be considered when undertaking the defense of any employment-related claim, especially where there is the possibility of an award of fees in favor of a prevailing defendant.
Help us, Help you: EEOC asks for Input on Regulation Reforms
In a piece of beauracractic master craftsmanship, the EEOC has asked for input on possible regulatory reform by soliciting "Public Comment on Plan for Retrospective Analysis of Significant Regulations." From what we can discern from the press release, the agency is taking a serious look at stream-lining and improving the regulations covering the enforcement of six employment nondiscrimination laws: More ›
Employee must show “Intolerable” Working Conditions to Establish Constructive Discharge
A pregnant employee used nearly all of her annual paid time off during the first three months of the year, leading the employer to advise her that she could have no more absences. When the employee ignored the warning and began a medical leave on the very next workday, the employer told her that the absence “[wasn’t] going to work.” The employee took this as a termination and chose not to return to work. Instead, she sued the employer for constructive discharge under Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, alleging that the employer had made attendance demands that were impossible for a pregnant woman and did so with the intention of making her quit. The U.S. Court of Appeals for the Eighth Circuit found that while the employee’s work conditions were “unpleasant and unprofessional,” they were not “intolerable,” as required to establish constructive discharge. Further, the employee had failed to establish that the employer intended to make her quit or should have foreseen that she would quit because of its demands. Employers should remember that an employee alleging constructive discharge will have to prove both that work conditions were “intolerable” and that the employer specifically intended to force the employee to quit or should have reasonably foreseen that the employee would quit.
Trierweiler v. Wells Fargo Bank, Case No. 10-1343 (8th Cir. Apr. 8, 2011)
Employee’s Failure to Report Renewed Harassment Fatal to Racial Harassment Claim
A black employee claimed that two of his co-workers started taunting him with racial epithets soon after he was hired. In accordance with the company’s anti-harassment policy, the employee complained to the company owner. The company owner immediately berated the two co-workers and warned that further harassing incidents would result in immediate termination. One of the co-workers continued to use racial epithets. The employee then complained to another worker, but never reported the later incidents to the owner. The employee sued, alleging that the employer violated Title VII of the Civil Rights Act of 1964, as amended (Title VII), for failing to address his co-workers’ continued use of racial epithets. The employee argued that the employer was liable for two distinct failings: (1) inadequate discipline following the initial harassment; and (2) failure to address the later harassment—of which the employer had notice through the employee’s complaints to the other worker. The U.S. Court of Appeals for the First Circuit rejected the employee’s arguments and held that “when co-workers, rather than supervisors, are responsible for the creation and perpetuation of a hostile work environment . . . an employer can only be liable if the harassment is causally connected to some negligence on the employer’s part.” The court ruled that the employer’s response to the initial harassment was “swift and appropriate” and that the employee’s failure to report to the company owner, as ordered, was “fatal to his claim of employer liability.” Employers should adopt an anti-harassment policy that makes clear whom the employee must notify about harassing incidents. By ensuring a swift and initial response to harassment, and a clear directive as to whom employees must notify of current and further harassing incidents, employers will be able to defend against any subsequently filed lawsuit.
Wilson v. Moulison N. Corp., Case No. 10-1387 (1st Cir. Mar. 21, 2011)
Employer’s Statements During Title VII Conciliation Process Cannot Create Oral Contract
A group of employees filed charges with the U.S. Equal Employment Opportunity Commission (EEOC), alleging that their employer violated Title VII of the Civil Rights Act of 1964, as amended (Title VII), by discriminating against them because of their race. The EEOC initiated an informal “conciliation process” to attempt to resolve the dispute between the employer and the employees. After two weeks of negotiations, the employer withdrew from the process. The EEOC sued, alleging that the employer had verbally agreed to settlement terms before it withdrew. The agency argued that “[w]hat was ‘said or done’ during conciliation must be revealed to determine the existence of an oral agreement.” The U.S. Court of Appeals for the Fifth Circuit rejected the EEOC’s argument and held that disclosure of what the employer said during conciliation would be contrary to the plain language of Title VII’s confidentiality provision, which provides that “[n]othing said or done during and as a part of [the conciliation process] may be made public by the [EEOC].” Moreover, revealing the employer’s statements would conflict with the purpose of the confidentiality provision, which is to encourage employers to participate in voluntary settlements. Employers should be aware that any statements made during a Title VII “conciliation process” will remain confidential and cannot be disclosed in a subsequent action.
Topics
- #MeToo
- 100% Healed Policy
- 10th Circuit Court of Appeals
- 11th Circuit Court of Appeals
- 17200
- 1st Amendment
- 1st Circuit Court of Appeals
- 2015 Inflation Adjustment Act
- 2018 Withholding Tables
- 24-Hour Shifts
- 2nd Circuit Court of Appeals
- 3rd Circuit Court of Appeals
- 42 U.S.C. s. 1981
- 42 U.S.C. § 12203(b)
- 42 USC 1983
- 4th Circuit Court of Appeals
- 5th Circuit Court of Appeals
- 62 USC 623
- 6th Circuit Court of Appeals
- 7th Circuit Court of Appeals
- 8th Circuit Court of Appeals
- 9th Circuit Court of Appeals
- A.A.R.P. vs. U.S. E.E.O.C.
- AB 1008
- ACA
- Accommodation
- accomodate
- ADA
- ADA Interference
- ADAAA
- ADEA
- Administration
- Administrative Exemption
- Administrative Warrant
- Adverse Employment Action
- Affirmative Action
- Affordable Care Act
- Age Discrimination
- Age Discrimination in Employment Act
- Age-Based Harassment
- Agreements
- AHCA
- Aiding and Abetting
- Ambulance Attendant
- AMD
- American Health Care Act
- Americans with Disabilities Act
- Amusement Parks
- Annual Summary
- Anti-Discrimination Policy
- Anti-Harassment Policy
- Anti-Retaliation Rule
- Anxiety
- Arbitration
- Arrest Record
- At-Will Employment
- Attorney Fees
- Attorney General Guidance
- Audit
- Automobile Sales Exemption
- Back Pay
- Background Checks
- Ban the Box
- Bankruptcy
- Bankruptcy Code
- Bargaining
- Belmont CA Minimum Wage
- Benefits
- Bereavement
- Biometric Information
- Biometric Information Privacy Act
- Black Lives Matter
- Board of Directors
- Borello Test
- Breastfeeding
- Browning-Ferris
- Burden of Proof
- Burden Shifting
- CAFA
- California
- California Court of Appeal
- California Department of Fair Employment and Housing
- California Employment
- California Fair Employment and Housing Act
- California Family Rights Act
- California Labor Code
- California Labor Code s. 226.2
- California Labor Code s. 230.1
- California Labor Code Section 1197.5
- California Legislature
- California Minimum Wage
- California Senate Bill 826
- California Supreme Court
- Caps
- Case Updates
- Cat's Paw
- CFAA
- Chicago Minimum Wage
- Child Labor Laws
- Childbirth
- Choice of Law
- Church Plans
- Circuit Split
- City of Los Angeles CA Minimum Wage
- Civil Rights
- Claim for Compensation
- Class Action
- Class Action Waiver
- Class Certification
- Class Waiver
- Code of Conduct
- Collective Action
- Collective Bargaining
- Collective Bargaining Agreements
- common law
- Commuting Time
- Comparable Work
- Compensable Time
- Compensation History
- Complaints
- Compliance Audit
- Computer Exemption
- Confidential Information
- Confidentiality Agreement
- Constructive Discharge
- Consular Report of Birth Abroad
- Contraception Services
- Contraceptive
- Conviction Record
- Convincing Mosaic
- Cook County
- Cook County Minimum Wage
- Corporate Board
- Corporations
- Criminal Conviction
- Criminal History
- D.C. Circuit Court of Appeals
- DACA
- Damages
- Deaf
- Defamation
- Defendant Trade Secrets Act of 2016
- Delaware
- Department of Homeland Security
- Department of Economic Opportunity
- Department of Labor
- Department of Workforce Development
- Designation Notice
- Direct and Immediate
- Disability
- Disability & Medical Leave
- Disability Discrimination
- Disability-Based Harassment
- Discrimination
- Discrimination and Harassment
- Disparaging
- Disparate Impact
- Disparate Treatment
- Diversity
- Diversity Policy
- Documentation
- Dodd-Frank
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- DOL
- Domestic Violence
- DOT
- Drug Free Workplace Act
- Drug Free Workplace Policies
- Drug Testing
- Dues
- DWD
- E-Verify
- EAP Exemption
- Eavesdropping
- Education
- EEO Laws
- EEO-1
- EEOC
- El Cerrito CA Minimum Wage
- Election
- Electronic Communication Policy
- Electronic Communications
- Electronic Reporting
- Eleventh Circuit
- Emeryville CA Minimum Wage
- Emotional Distress
- Employee
- Employee Benefits
- Employee Handbook
- Employer
- Employer Health Care Plans
- Employer Mandate
- Employer Policies
- Employer Policy
- Employer Sponsored
- Employer-Employee Relationship
- Employment
- Employment Contract
- Employment Verification
- Enterprise Coverage
- EPA
- Epic Systems v. Lewis
- Equal Employment Opportunity Commission
- Equal Pay Act
- Equal Pay for Equal Work
- Equal Protection
- Equality
- ERISA
- ERISA section 4(b)(2)
- Essential Employment Terms
- Essential Functions
- Estoppel
- Ethnic Equality
- Evidentiary Burdens
- Exclusive Remedy
- Executive Exemption
- Executive Order
- Exempt Employee
- Exempt Status
- Exemption
- Exhaustion of Remedies
- Experience
- Expert
- Expression of Milk
- Extreme or Outrageous
- FAA
- Failure to Accomodate
- Fair Credit Reporting Act
- Fair Employment and Housing Act
- Fair Labor Standards Act
- Fair Pay
- Fair Reading
- Fair Workweek Law
- Fair Workweek laws
- Fairfax Memo
- Family Medical Leave Act
- family planning
- Fast Food
- FCRA
- Federal
- Federal Arbitration Act
- Federal Contracts
- Federal Government
- Federal Register
- FEHA
- fertility
- FICA
- Fiduciary
- Fiduciary Duty
- Fiduciary Rule
- Fifth Circuit
- Final Rule
- Fines
- fingerprints
- First Amendment
- Fitness-For-Duty
- Florida
- Florida Civil Rights Act
- FLSA
- FLSA Exemptions
- Flu Shot
- FMCSA
- FMLA
- FMLA Interference
- Form 300A
- Forum-Selection Clause
- Fourteenth Amendment
- Franchisee
- Franchisor
- Fraud
- Freedom of Speech
- Full-time hours
- garden leave clause
- Gay Rights
- Gender Bias
- Gender Discrimination
- Gender Equality
- Gender Identity
- Gender Identity Discrimination
- Gender Identity-Based Harassment
- Gender Nonconformity
- Genetic Information Nondiscrimination Act
- Georgia
- Gig Economy
- Gig Worker
- GINA
- Goods vs. Materials
- Grocers
- Gross
- H-1B
- Handicap Discrimination
- Harassment
- Hawkins-Slater Medical Marijuana Act
- Health Care
- Health Insurance
- HHS
- Highly Compensated Employees
- HIPAA
- Hiring
- Hiring Policy
- Hiring Practices
- HIV
- Hostile Work Environment
- Hour Tracking
- Hours Worked
- HR
- Human Trafficking
- Hybrand
- I-9
- IDHR
- Illinois
- Illinois Department of Human Rights
- Illinois Human Rights Act
- Illinois Minimum Wage Law
- Illinois Nursing Mothers in the Workplace Act
- Illinois One Day Off In Seven Act
- Illinois Supreme Court
- Immigration
- Incentives
- inclusion
- Income Tax
- Independent Contractor v. Employee
- Independent Contractors
- informed consent
- Injuctive Relief
- Injunction
- Injuries
- Injury and Illness Reporting
- Interactive Process
- Interference
- Internal Applicants
- Internal Complaints
- Internal Revenue Service
- Interns
- Internships
- Investigation
- Iraq
- Iris Scans
- IRS
- IRS Notice 1036
- ISERRA
- Jefferson Standard
- Job Applicant
- Job Classification
- Job Classification Audit
- Job Descriptions
- Joint Control
- Joint Employers
- Joint Employment
- Judicial Estoppel
- Klever v. Carefusion
- LAB s. 226.2
- Labor
- Labor Code
- Labor Dispute
- Labor Organizing
- Las Vegas
- lateral transfer
- Layoff
- Leased Employee
- Leave
- Ledbetter Act
- Legislation
- Lesbian Rights
- LGBTQ
- LGBTQ Rights
- LMRA
- Los Angeles County CA Minimum Wage
- Loss of Consortium
- M.G.L. Chapter 151B
- major life activity
- Malibu CA Minimum Wage
- Mandatory
- Mandatory Arbitration
- Manufacturers
- Marijuana
- Marital Discrimination
- Maryland Minimum Wage
- Massachusetts
- Massachusetts Equal Pay Act
- Massachusetts Pregnant Workers Fairness Act
- Massachusetts Supreme Judicial Court
- Massachusetts Wage Act
- Maternity Leave
- McDonnell Douglas
- Meal & Rest Break
- Meal Breaks
- Meal Period
- Media Mention
- Medical Condition
- Medical Examination
- Medical History
- Medical Marijuana
- MEPA
- MHRA
- Michigan
- Military
- Military Duty
- Milpitas CA Minimum Wage
- Minimum Wage
- Ministerial Exception
- Minneapolis Minimum Wage
- Minneapolis Sick and Safe Time ordinance
- Minneapolis, Minnesota
- Minnesota Human Rights Act
- Minor Employees
- Minors
- Misappropriation
- Misclassification
- Missouri
- Montgomery County Maryland Minimum Wage
- Mount Lemon Fire District v. Guido
- MSHA
- Multiple Sclerosis
- Narrow Construction
- National Labor Relations Act
- National Labor Relations Board
- National Origin Discrimination
- Nebraska
- Negligence
- New Jersey
- New Jersey Compassionate Use Medical Marijuana Act
- New Jersey Law Against Discrimination
- New Moms
- New York
- New York Average Weekly Wage
- New York City
- New York City Human Rights Law
- New York Labor Law
- New York Paid Family Leave
- New York State Human Rights Law
- News
- NJ Paid Sick Leave Law
- NJDOL
- NJLAD
- NLRA
- NLRB
- Non-Compete
- non-competition agreement
- non-supervisory employees
- nonproductive time
- Notice
- Nursing Mothers
- NY State Department of Taxation
- NYSHRL
- Obama Administration
- ObamaCare
- Objectively Offensive
- Occupational Safety and Health Administration
- OFCCP
- Off-Duty Rest
- Off-the-Clock
- Ohio
- Oklahoma
- Older Workers
- On-Call Scheduling
- Only When Rule
- Opinion
- Opinion Letter
- Opposition
- Oregon Minimum Wage
- OSHA
- Other-than-Serious Violation
- Outside Applicants
- Outside Sales Exemption
- Overtime
- OWBPA
- PAGA
- Paid Leave
- Paid Sick Leave Law
- Paid Sick Time
- Paid Time Off
- Parental Leave
- part-time hours
- Partnership
- Pasadena CA Minimum Wage
- Patient Protection and Affordable Health Care Act of 2009
- Pay Equity
- Pay Gap
- Pay History
- Pay Inquiries
- Payroll
- Payroll Taxes
- PDA
- Penalties
- Pennsylvania Minimum Wage Act
- Pennsylvania Wage Payment and Collection Law
- Pension
- Pension Plans
- Perceived Disability
- Permanent Replacement Employees
- Personnel Record
- PFL
- Picket
- Piece-rate
- Policies
- Policy
- Political Affiliation
- Polygraph
- Portland Maine Minimum Wage
- Posting Requirements
- Preemption
- Pregnancy Discrimination
- Pregnancy Discrimination Act
- Pregnant Worker Protections
- Premium Wage
- President Obama
- Pretext
- Preventative Care
- Privacy
- Private Employers
- Professional Exemption
- Protected Activity
- Protected Class
- Protected Concerted Activity
- Protected Speech
- PTO
- PTSD
- Public Employers
- Public Records
- Publicly-Held Corporations
- Punitive Damages
- qualified individual
- Quid Pro Quo
- Race Discrimination
- Racial Discrimination
- Racial Equality
- Racial Harassment
- Reasonable Accomodation
- Recess Appointment
- Reduction in Force
- Regarded As
- Rehabilitation Act
- Religion
- Religious Discrimination
- Religiously Affiliated Employers
- Removal
- Reporting
- Reporting Time Pay
- Republican
- Request for Information
- Respondeat Superior
- Rest Breaks
- Rest Period
- Restaurants
- Restrictions
- Retail
- Retaliation
- Retina Scans
- Rhode Island
- RICO
- RIF
- Right to Control
- Right to Work
- Right-to-Sue
- Rounding Policy
- Safety Programs
- Salary History
- Salary Inquiries
- Salary Inquiry
- Salary Test
- Salespersons
- San Francisco CA Minimum Wage
- San Francisco Parity in Pay Ordinance
- San Leandro CA Minimum Wage
- Sanctions
- Santa Monica CA Minimum Wage
- Sarbanes-Oxley Act
- SB 1300
- SB 1343
- SB 826
- SCA
- SCOTUS
- Seasonal Workers
- SEC
- Secretary of Labor
- Secretary Solis
- Section 7
- Section 7 of the National Labor Relations Act
- Section 8
- Securities & Exchange Commission
- Securities Fraud
- Self Evaluations
- Seperation
- Serious Health Condition
- Serious Violation
- Settlement Agreement
- Seventh Circuit
- Severance
- Severe and Pervasive
- Sex Discrimination
- Sex Stereotyping
- Sex-Based Harassment
- sexual and reproductive health decisions
- Sexual Assault
- Sexual Harassment
- Sexual Orientation Discrimination
- Sexual Orientation-Based Harassment
- Shameless
- Sick Leave
- Similarly Situated
- Social Media
- Social Media Policy
- Social Security
- South Dakota
- SOX
- Split Shift Pay
- SSA
- St. Paul Sick and Safe Time Ordinance
- St. Paul, Minnesota
- Stalking
- Standing
- State Government
- State of Nevada v. US Department of Labor
- Statute of Limitations
- Statutory Exemption
- STD prevention
- Stock
- Street Trade Permits
- strike
- Student Loans
- Students
- Subjectively Offensive
- Subpoena
- Substantial Relationship
- Supervisor
- Supervisors
- Supplemental Wages
- Supreme Court
- Tax
- Tax Credits
- Tax Cuts and Jobs Act
- Tax Implications
- Tax Reform Act
- Teenage Labor
- Temporary Employee
- Temporary Help Agency
- Temporary Schedule Change
- Temporary workers
- Termination
- Texas
- Texting
- Third Circuit
- Time Clock
- Time Records
- Tipped workers
- Title IX
- Title VII
- Title VII of the Civil Rights Act of 1964
- Title VII Retaliation; Faragher/Ellerth
- Tort Liability
- Trade Secrets
- Training
- Trans
- Transgender Rights
- Transitioning
- Transportation Industry
- Travel Time
- Trial
- Trump
- Trump Administration
- U.S. Citizenship and Immigration Services
- U.S. Department of Health and Human Services
- UCL
- Undocumented Workers
- Undue Hardship
- Unemployment
- Unfair Labor Practice
- Union
- Union Dues
- Union Organizing
- United States Supreme Court
- Unlawful Employment Practice
- Unpaid Leave
- Unpaid Wages
- USCIS
- USERRA
- Vacation Accrual
- Vacation Pay
- Vacation Policy
- Vaccination
- Vaccine Requirement
- VEBA
- Verdict
- Vested Rights
- Vicarious Liability
- Virginia
- Voluntary
- Volunteers
- Wage and Hour
- Wage Order 7
- Wage Order 9
- Wages
- Waiting Period
- WARN
- Webinar
- Wellness
- Wellness Program Incentives
- Wellness Programs
- WFEA
- Whistleblower
- White House
- Willful and Repeat
- Wis. Stat. ch. 102
- Wisconsin
- Wisconsin Court of Appeals
- Wisconsin Fair Employment Act
- Withholdings
- Witness Statements
- Work Permits
- Work Restriction
- Work Schedules
- Workers Compensation
- Workplace Bullying
- Workplace Discrimination
- Workplace Injury
- Workplace Injury Reporting
- Workplace Policies
- Workplace Rules
- written release procedures
- Wrongful Termination
- Zarda v. Altitude Express