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Rejecting the Second Circuit, the Sixth Circuit opts to cover more employers under discrimination law

Squire Sanders
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USA
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September 14 2011

In a case of first impression, last week the Sixth Circuit addressed the scope of the term “employee,” in the volunteer context under Title VII of the Civil Rights Act of 1964 (“Title VII”

The Sixth Circuit affirms reinstatement in lieu of $4.4m front pay award on disabled vet's constructive discharge claim

Squire Sanders
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USA
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December 19 2011

Last week, the Sixth Circuit affirmed that disabled Army veteran, James McKelvey was only entitled to reinstatement and back pay on his constructive discharge claim, in lieu of a $4.4M jury award for front pay. McKelvey v. Secretary, No. 10-1172 (Dec. 14, 2011

A recent Sixth Circuit decision raises the question: does your promotional process have a disparate impact on minorities?

Squire Sanders
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USA
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November 9 2011

A panel for the Sixth Circuit Court of Appeals recently required the City of Memphis (“City”) to immediately promote twenty-eight African American police officers to the rank of lieutenant

NLRB delays posting requirement again

Squire Sanders
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USA
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January 3 2012

On December 23, 2011, the National Labor Relations Board (the “Board”) announced that it would postpone the effective date of its employee rights notice-posting rule to April 30, 2012

Expansion of discrimination law

Squire Sanders
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USA
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September 27 2011

Title VII of the Civil Rights Act of 1964 (“Title VII”) forbids employers with 15 or more employees to discriminate on the basis of race, color, sex, religion or national origin

Sixth Circuit clarifies "honest belief" standard

Squire Sanders
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USA
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April 20 2012

On Tuesday, the Sixth Circuit resuscitated Plaintiff-Appellant Johnnie Brooks, Jr.’s (“Brooks”) claim under the Age Discrimination Employment Act, 29 U.S.C. 621 et seq., (“ADEA”) finding Brooks established a prima facie case of age discrimination and provided sufficient evidence of pretext to survive summary judgment

The EEOC's new and improved (or at least more detailed) Enforcement Guidance on arrest & conviction records

Squire Sanders
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USA
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May 22 2012

As promised in a previous post, the Equal Employment Opportunity Commission (EEOC) recently issued new Enforcement Guidance concerning the use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, as amended

Background checks and credit reports continue to provide fodder for class action lawsuits

Squire Sanders
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USA
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August 2 2012

On July 23, 2012, Plaintiff, Chiquita M. Warren filed a punitive class action against Defendant, Green Mountain Coffee Roasters, Inc., alleging the company used unauthorized consumer reports to reject otherwise qualified applicants, in violation of the Fair Credit Reporting Act (“FCRA”

The Sixth Circuit clarifies the reach of McDonnell Douglas

Squire Sanders
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USA
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July 3 2012

Yesterday, the Sixth Circuit resuscitated the individual claim and proposed class-action of Plaintiff Kathryn Keys, an African-American female who alleged that her former employer engaged in a pattern of discrimination against African American managers and professional staff

The divided Sixth Circuit affirms a "lamentable-but-benign" discrimination claim

Squire Sanders
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USA
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July 3 2012

A deeply divided panel upheld an award on Tuesday to Plaintiff Clifford Litton (“Plaintiff”), an African-American custodian who accused the Talawanda School District (“District”) of racial discrimination and retaliation when he was involuntarily transferred to a new school building and his request to transfer back was denied

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