In Sims v. America’s Family Dental, LLP, Defendant’s motion to dismiss Plaintiff’s claims under Title VII and the Pregnancy Discrimination Act was denied by a federal district court. 

Plaintiff, a registered dental assistant, alleged that she was demoted and subsequently terminated due to her pregnancy.  Defendant’s motion was denied, in part, because Plaintiff …

The Seventh Circuit Court of Appeals held this week that sexual orientation discrimination is covered under Title VII of the Civil Rights Act.  The federal appellate court is the first to do so.  Just last week, we reported that the Eleventh Circuit held to the contrary.  For a complete analysis of the Seventh Circuit’s…

Religious discrimination claims by a delivery driver for a catering company who was terminated the day after being sent home for wearing a religious head covering survived summary judgment due to the temporal proximity between the events.  In EEOC v. Triangle Catering, LLC, the Western District of North Carolina held that the temporal proximity …

In Syed v. M-I, LLC, the Ninth Circuit held that including waiver of potential claims language in the same document as the statutorily required Fair Credit and Reporting Act disclosure was a violation of FCRA.  In sum, the Court ruled that the FCRA rights notice cannot be combined with any other notice or agreement.  It…

In Irvin v. Ascension Parish School Board, the United States District Court for the Middle District of Louisiana denied Defendant’s motion for summary dismissal of a claim under the Age Discrimination in Employment Act (“ADEA”).  In Irvin, Plaintiff alleged that her employer failed to promote her on account of her age (58) and…

Employees asserting a claim for retaliation under the FLSA are entitled to seek emotional distress damages, according to a recent decision by the United States Court of Appeals for the Fifth Circuit.

In Pineda v. JTCH Apartment, LLC, Plaintiff claimed that he was retaliated against by his former employer after he filed a lawsuit seeking…

In light of evidence that younger employees committed similar infractions as the plaintiff, and did not suffer significant disciplinary action, an Illinois federal district court denied an employer’s summary judgment motion. The Court ruled that evidence of disparate treatment plus age-based comments by management was sufficient to create a fact issue as to whether the…