We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 11-20 of 23

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


Constitutional challenges in recent cases
  • Squire Patton Boggs
  • USA
  • November 4 2010

Two cases were decided recently that have significant impact and interest for school districts


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


Sixth Circuit clarifies recent FLSA regulation change
  • Squire Patton Boggs
  • USA
  • February 22 2012

When Plaintiff John Orton’s employer stopped paying his annual base salary, he brought suit under the Fair Labor Standards Act seeking unpaid wages and expenses


Sixth Circuit clarifies "honest belief" standard
  • Squire Patton Boggs
  • USA
  • 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


NLRB delays posting requirement again
  • Squire Patton Boggs
  • USA
  • 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


The EEOC's new and improved (or at least more detailed) Enforcement Guidance on arrest & conviction records
  • Squire Patton Boggs
  • USA
  • 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 Patton Boggs
  • USA
  • 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”


EEOC's guidance on background checks
  • Squire Patton Boggs
  • USA
  • April 9 2012

In response to mounting concern over the use of criminal records and credit reports to screen potential employees, Commissioner Victoria Lipnic of the Equal Employment Opportunity Commission (EEOC) announced on March 13, 2012, that the EEOC is "likely" to issue new guidance to employers on the use of both criminal history and credit background checks in the near future


Controversial “ambush” election rule held to be invalid
  • Squire Patton Boggs
  • USA
  • June 19 2012

America’s National Labor Relations Board (NLRB), the agency responsible for conducting elections for union representation and with investigating and remedying unfair labor practices, faces new opposition in its effort to overhaul the union election process and reduce what it deems are “unnecessary” delays