South Carolina Company to Pay $53,000 to Settle EEOC Religious Discrimination Allegations

Posted on June 26, 2018, Employment Law

On June 20, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it has reached a settlement with J.C. Witherspoon, a South Carolina-based logging company, over religious discrimination allegations. The EEOC charged that J.C. Witherspoon violated Title VII of the Civil Rights Act when it fired a truck driver after refusing to accommodate his […]

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U.S. Supreme Court Upholds Class Action Waivers as Enforceable

Posted on May 30, 2018, Business Litigation Employment Law

On May 21, 2018, the United States Supreme Court, in a 5-4 decision in Epic Systems Corp. v. Lewis, held that arbitration agreements containing class action waivers are enforceable and do not violate the National Labor Relations Act (NLRA). This decision resolved three separate cases before the Court that all involved plaintiff-employees who had pursued […]

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Sixth Circuit Holds That Title VII Protections Extend to Transgender or Transitioning Individuals

Posted on April 19, 2018, Employment Law

In an opinion issued last month, the United States Court of Appeals for the Sixth Circuit (which covers Kentucky, Michigan, Ohio, and Tennessee) held that the Equal Employment Opportunity Commission (EEOC) was permitted to pursue a Title VII claim on the ground that an employer discriminated against an employee on the basis of the employee’s […]

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Eleventh Circuit Court of Appeals Revives False Claims Act Qui Tam, Adding to Circuit Split on Statute of Limitations Issue

Posted on April 19, 2018, Employment Law

In 2013, Relator Billie Joe Hunt sued his former employer and others under the qui tam provisions of the federal False Claims Act (“FCA”) for alleged “rampant war-time contract fraud.” The case is captioned United States ex rel. Hunt v. Cochise Consultancy, Inc.1 After an investigation, the Department of Justice declined to intervene in the […]

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U.S. Supreme Court Declines to Broaden the Definition of “Whistleblower”

Posted on February 27, 2018, Employment Law

On February 21, 2018, the Supreme Court of the United States issued an opinion unanimously holding that an employee did not qualify as a whistleblower under federal rules because he did not report any violations to the Securities and Exchange Commission (SEC) prior to the termination of his employment. The plaintiff in the case, Paul […]

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DOL Adopts New Test For Unpaid Internships

Posted on January 29, 2018, Employment Law

On January 5, 2018, the U.S. Department of Labor (“DOL”) announced that it was adopting a new test for determining whether an intern qualified as an employee under the Fair Labor Standards Act (“FLSA”). Such a determination affects how employers may offer and utilize unpaid internships, and the DOL’s policy change loosens the rigid requirements […]

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Federal Court Assesses Damages Against Pennsylvania Health Clinic for Committing Sexual Orientation-Based Discrimination

Posted on November 28, 2017, Employment Law

On November 16, 2017, U.S. District Judge Cathy Bissoon, of the Western District of Pennsylvania, issued an order finding that a Pennsylvania Health Clinic is liable for $55,000 in back pay, compensatory damages, and punitive damages to a former employee who alleged that the clinic discriminated against him on the basis of his sexual orientation. […]

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Eleventh Circuit Holds That Medical Practice Did Not Discriminate Against Former Employee Because of Her Pregnancy

Posted on October 26, 2017, Employment Law

On October 18, 2017, the Eleventh Circuit Court of Appeals issued an opinion upholding a lower court’s grant of summary judgment to a medical practice in Florida that had been sued by a former employee who claimed she was discriminated against based on her pregnancy. In July 2014, plaintiff Kirby Mohammed, a licensed practical nurse, […]

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Eleventh Circuit Affirms Jury Verdict in Favor of Hospital in Employment Discrimination Suit

Posted on June 21, 2017, Employment Law

On June 8, 2017, the U.S. Court of Appeals for the Eleventh Circuit issued a decision holding that a Florida hospital did not jointly employ a physician who was placed at the hospital by a medical staffing company. Dr. Michelle Scott was employed by EmCare, Inc. (“EmCare”), a medical staffing corporation that employs physicians to […]

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Seventh Circuit: Title VII Does Provide a Cause of Action for Workplace Discrimination Based on Sexual Orientation

Posted on April 17, 2017, Employment Law

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit issued an 8-3 en banc decision in Hively v. Ivy Tech Cmty. Coll. of Indiana, holding that a person who alleges an experience of employment discrimination based on sexual orientation has a cause of action for sex discrimination under Title VII […]

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