Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “Eleventh Circuit”

Courts uphold law enforcement officer’s discharge for racially insensitive posts

Posted in First Amendment, Public Sector Employment, Social media
The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection. However, the freedom of speech guaranteed by the First Amendment is not without limits, even for public sector employees. Governmental employees who voice their opinions — even on matters of… Continue Reading

BREAKING: Full Second Circuit to reconsider whether Title VII prohibits sexual orientation bias

Posted in Discrimination, Sexual Orientation
The U.S. Court of Appeals for the Second Circuit (Connecticut, New York, and Vermont) agreed yesterday to rehear en banc an appeal from the estate of a gay skydiving instructor who alleged he was fired after a customer complained about his sexual orientation. The case is Zarda v. Altitude Express. The issue to be decided by… Continue Reading

Weekly catch-up

Posted in Discrimination, HR, Immigration, Sexual Orientation
Attention, H-1B employers! The Trump Administration announced this week that it would take a closer look at employers who use workers with H-1B visas. Elizabeth Joiner has the details in this Immigration Dispatch. Sexual orientation discrimination does violate Title VII, appeals court says. This week’s decision from the U.S. Court of Appeals for the Seventh Circuit… Continue Reading

The Deep Dive: A closer look at the Seventh Circuit’s sexual orientation decision

Posted in Discrimination, Sexual Orientation
As we reported early this morning, the full U.S. Court of Appeals for the Seventh Circuit decided in Hively v. Ivy Tech Community College of Indiana that the prohibition in Title VII against discrimination based on “sex” encompasses discrimination based on sexual orientation. It is the first federal appellate court to do so, although recent… Continue Reading

BREAKING: Title VII bans sexual orientation bias, court finds

Posted in Discrimination, Sexual Orientation
The full U.S. Court of Appeals for the Seventh Circuit ruled yesterday that sexual orientation discrimination is indeed prohibited “sex discrimination” within the meaning of Title VII. The decision was issued in the case of Hively v. Ivy Tech Community College of Indiana. A three-judge panel of the Seventh Circuit had found last year that… Continue Reading

“Free to Be . . . You and Me”: The 11th Circuit’s strange LGBT decision

Posted in Discrimination, Sexual Orientation
This latest decision from the U.S. Court of Appeals for the Eleventh Circuit on sexual orientation discrimination is weird. A panel of the court found 2-1 in Evans v. Georgia Regional Hospital that the plaintiff did not have a valid Title VII claim against her employer for sexual orientation discrimination. Whether you agree with it or not,… Continue Reading

There’s a new Sheriff in town: The politics and pitfalls of patronage dismissals (Part 2 of 2)

Posted in First Amendment, Public Sector Employment
NOTE FROM ROBIN: This is the second and final installment in a series on the law regarding patronage dismissals in public sector employment by Damon Kitchen, head of our public sector industry group. In last week’s installment, I provided an introduction to the issue of patronage dismissals in the public sector, and a discussion of the Supreme… Continue Reading

BREAKING: Transgender claim will go to jury

Posted in Discrimination, Gender Identity Discrimination
Last year, Tommy Eden had a post about a gender identity lawsuit in which an employer in Georgia actually won summary judgment. A reader alerted me last night that a panel of the U.S. Court of Appeals for the Eleventh Circuit reversed the decision in part yesterday, finding that the Plaintiff’s mixed-motive claim should go to a jury. According… Continue Reading

Hey – that EEOC wellness rule isn’t half bad

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Retaliation
NOTE: As I breathlessly reported last week, the EEOC has issued its long-awaited proposed rule on employer wellness programs and the Americans with Disabilities Act. (Here is a nicer copy than the one that was available then.) Brian Magargle, who knows a lot more than I do about the Health Insurance Portability and Accountability Act and the Affordable Care… Continue Reading

BREAKING: EEOC files first transgender suits against private employers

Posted in Gender Identity Discrimination
Bloomberg BNA reports this afternoon that the Equal Employment Opportunity Commission filed two transgender discrimination lawsuits yesterday, the agency’s first ever against private-sector employers. One is against a Michigan funeral home, and the other is against a medical clinic in Lakeland, Florida. Both cases appear to involve straightforward discrimination allegations: employees who presented as males… Continue Reading

Adopt an arbitration program that covers class, collective claims

Posted in Alternative Dispute Resolution, Class actions, Wage-Hour
Guest post by Tommy Eden, a partner in Constangy’s Opelika, Alabama, and West Point, Georgia, offices. In all the hoopla over the Supreme Court’s Hobby Lobby decision last week, it may have been lost that the Court refused to review a circuit court decision compelling arbitration in a collective action under the Fair Labor Standards Act.… Continue Reading

Alcoholic truck driver case is good for transportation employers, but be careful

Posted in Americans with Disabilities Act, Drug Testing, Transportation Industry
ROBIN’S NOTE: I am happy to have Tommy Eden back again for a guest post. Tommy is from Constangy’s offices in Opelika, Alabama, and West Point, Georgia. He drafts DOT and state-specific drug testing policies for clients nationwide, and he serves on the Board of the Substance Abuse Program Administrators Association. Don’t get too excited about that recent decision… Continue Reading