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Steptoe & Johnson Recent News- WV Legislative Update - 2/17/12 February 17, 2012
- Study: Some LEED Requirements Could Pose Risks to Construction Workers February 17, 2012
- Corps of Engineers Issues New Nationwide Permits February 16, 2012
- Steptoe & Johnson Elevates Two Marketing Team Members February 15, 2012
- Steptoe & Johnson to Welcome NAPE Attendees During Premier Reception February 15, 2012
Category Archives: Discrimination (Title VII / EEO)
THE MINISTERIAL EXCEPTION TO EMPLOYMENT DISCRIMINATION SUITS: Hosanna-Tabor v. EEOC
Earlier this month in a case styled Hosanna-Tabor v. EEOC, the U.S. Supreme Court handed down a significant decision for religious employers throughout the country. For the first time, the U.S. Supreme Court recognized a ministerial exception to employment discrimination suits. The ministerial exception bars discrimination claims by individuals in the clergy against certain religious [...]
DOES USERRA PROTECT AGAINST A HOSTILE WORK ENVIRONMENT?
Several months ago, the Fifth Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) issued an extremely interesting opinion and, in the process, became the first federal appellate court to definitively address whether the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) created a claim for a hostile work environment based upon membership in [...]
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FROM THE NEWSROOM: EEOC’S NEW GINA PROPOSAL
Last month, the EEOC issued a notice of proposed rulemaking that would extend existing recordkeeping requirements under Title VII and the Americans With Disabilities Act (“ADA”) to employers covered by the Genetic Information Nondiscrimination Act of 2008 (“GINA”).
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CAT’S PAW REDUX: STAUB V. PROCTOR HOSPITAL HITS OHIO
In March of this year, I wrote about a recent decision from the United States Supreme Court – Staub v. Proctor Hospital – addressing the “cat’s paw” theory of liability in employment discrimination cases. Under the cat’s paw theory, a plaintiff can hold an employer liable for the animus of a supervisor who was not [...]
Also posted in Discipline and Discharge, General Employer Interest Leave a comment
WORKERS’ COMPENSATION DISCRIMINATION: “I WANT TO TRANSFER” DOESN’T MEAN “I QUIT”
Last month, the Supreme Court of Appeals of West Virginia did something that it rarely does, and the fact that it took this very uncommon action in an employment case should get the attention of employers everywhere.
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A WINNING DEFENSE AGAINST HOSTILE ENVIRONMENT CLAIMS
Harassment cases always have been challenging for employers to defend, largely because of the he-said/she-said nature of those claims. Still, as a new decision from the Fourth Circuit Federal Court of Appeals – the jurisdiction in which West Virginia sits – reminds us, the importance of strong anti-harassment policies, training for employees, and a prompt [...]
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CAT’S PAW LIABILITY: DON’T GET BURNED!
Last week, the Supreme Court of the United States released an important decision addressing the “cat’s paw” theory of liability in employment discrimination cases that will have far-reaching implications. Under the cat’s paw theory, a plaintiff can hold an employer liable for the animus of a supervisor who was not charged with making the ultimate [...]
Also posted in USERRA Leave a comment
THOMPSON V. NORTH AMERICAN STAINLESS: THE SUPREME COURT SPREADS THE LOVE
“Man must evolve for all human conflict a method which rejects revenge, aggression and retaliation. The foundation of such a method is love.” –Martin Luther King, Jr. On January 24, 2011, the United States Supreme Court issued its highly-anticipated decision in Thompson v. North American Stainless, L.P. If you were one of the many employers, [...]
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SUPREME COURT TO SHED LIGHT ON LARGE CLASS ACTION DISCRIMINATION CLAIMS
The United States Supreme Court has recently agreed to hear an appeal in a class action gender discrimination case involving current and former female Wal-Mart employees. Commentators have dubbed this as the largest class action case in history – with some estimates placing the size of the class at as many as 2 million plaintiffs [...]
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EEOC APPROVES DRAFT FINAL RULE CLARIFYING SCOPE OF AGE DISCRIMINATION DEFENSE