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Employment discrimination

Mark Dellinger and Grace Hurney Co-Author Employment Law Article for the West Virginia Law Review Online

Mark Dellinger and Grace Hurney, members of the firm’s Labor and Employment Group, have co-authored an article entitled “The West Virginia Workers’ Compensation Act: Providing ‘Sweeping Immunity’ From Common Law Tort Claims in Employment Discrimination Cases.”  This article was published on January 17, 2020, by the West Virginia Law Review Online and is cited at 122 W. Va. L. Rev. Online 2.  If you…

“I Reported, and He Got Promoted” – Riot Games’ Bro-Culture Proves Costly

Riot Games, a Los Angeles based video game developer, has agreed to pay out $10 million in a settlement with a class of women who had brought claims of sexual harassment and gender discrimination.  Announced in August 2019, court filings on December 2, 2019, revealed for the first time some of the terms of the settlement Riot Games reached with nearly 1,000 women who worked at the developer since…

#MeToo, Times Up, and Labor Negotiations

The #MeToo and Times Up movements may be coming to your bargaining table in the near future. Earlier this month, Netflix and a major Hollywood union, the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), negotiated a contract containing anti-harassment protections in the form of prohibiting auditions from being held in private residences or hotel rooms. The…

A recent legal challenge may determine the enforceability of West Virginia’s parking lot bill

A federal lawsuit may determine whether employees have the right to keep firearms in their cars while at work. On March 10, 2018, the West Virginia Legislature passed The Business Liability Protection Act (“the Act”), which has become commonly known as the “The Gun Bill” or “The Parking Lot Bill.”  This legislation imposes liability and significant restrictions on an employer’s ability to manage…

U.S. Supreme Court to Decide Whether Title VII Protects Gay and Transgender Employees

The U.S. Supreme Court has decided to take up a trio of cases involving a hot-button employment law issue for federal courts.  The Court has been asked to decide whether Title VII of the Civil Rights Act, which bans discrimination “based on . . . sex,” protects gay and transgender employees.  On April 22, the Court granted petitions for certiorari, agreeing to hear the cases.

 

The cases involve…

Best to Keep it to Yourself: 4th Circuit Finds That False Gossip Can Give Rise to a Hostile Work Environment

On February 8, 2019, the Fourth Circuit, which covers West Virginia, ruled that false rumors in the workplace can give rise to liability for an employer for a hostile work environment. The case Parker v. Reema Consulting Services, Inc., begins innocently enough. The Plaintiff in this case was hired as a low-level clerk for Reema Consulting, but quickly rose through the ranks, receiving six…

Supreme Court Watch: SCOTUS Grants Certiorari on Title VII Case

On January 12, 2019, the Supreme Court of the United States granted certiorari in Fort Bend County v. Davis, which questions whether Title VII’s requirement that a plaintiff exhaust their administrative remedies is a jurisdictional prerequisite to suit or instead a waivable claim processing rule.

Before filing a lawsuit under Title VII of the Civil Rights Act of 1964, an individual who alleges…

An Early Look at Federal Labor and Employment Law Developments in 2019

Since we just turned the page on 2018, it is time to focus on what labor and employment law developments may be in store for employers in 2019.  This post highlights several labor and employment regulatory and case law developments that may come to fruition this year.

 

1. The U.S. Equal Employment Opportunity Commission (EEOC) is scheduled to release a new proposal in June regarding how employers…

Employees are not permitted to misappropriate confidential information in support of their discrimination claims.

On November 15, 2018, the United States Court of Appeals for the Fourth Circuit affirmed the district court’s grant of summary judgment to an employer who had terminated an employee following her unauthorized review and disclosure of confidential personnel files. In Netter v. Barnes, the Fourth Circuit held that Title VII does not protect a terminated employee who violated a valid state law. You…

Hot off the Press for Public Employers and Political Subdivisions: The Supreme Court rules that the ADEA covers even small state and local government employers

Today, in Mount Lemmon Fire District v. Guido, 586 U.S. ____ (2018), which is the first decision of the new term, the Supreme Court of the United States unanimously upheld the Ninth Circuit’s decision to reopen a lawsuit by two firefighter captains who claimed that they were illegally terminated by the Tucson Fire District because of their age.  The Fire District argued that because it employed…

Recent Holding From Pennsylvania Federal Court Reminds Employers To Examine Pay Equity Issues

The United States District Court for the Middle District of Pennsylvania recently granted conditional certification for a collective action for two female employees of Five Guys who claim violations of the Equal Pay Act, a federal law which prohibits discrimination in the payment of wages to employees performing jobs that require “equal skill, effort, and responsibility.”  29 U.S.C. § 206(d).  The…

DOJ AND EEOC DISAGREEMENT ECHOES SPLIT OF AUTHORITY ON SEXUAL ORIENTATION DISCRIMINATION NATIONWIDE

The United States Supreme Court will decide soon whether to review a case from the Second Circuit Court of Appeals regarding whether sexual orientation is a protected trait under Title VII of the Civil Rights Act.  What makes this case interesting is that the Department of Labor and the Equal Employment Opportunity Commission have taken the opposite sides, echoing the deep split of authority among…

 

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