Jump to Navigation

April 2015 Archives

Mach Mining LLC v. EEOC, No. 13-1019 (U.S. Apr. 29, 2015)

The Supreme Court unanimously holds that a lawsuit commenced by the EEOC cannot be dismissed simply based on an employer's argument that the agency did not try hard enough to conciliate the claim before filing under 42 U.S.C. § 2000e-5(b). The Court spells out the limited proof permitted on a defense of non-exhaustion, and concludes that the remedy is not dismissal, but instead remand to the agency for further settlement efforts. This decision ends a longstanding split among federal courts on this issue, deciding mostly in favor of the EEOC.

EEOC v. New Breed Logistics, No. 13-6250 (6th Cir. Apr. 22, 2015)

The Sixth Circuit chalks up a big win for the EEOC, affirming a jury verdict for four employees awarding compensatory and punitive damages totaling over $1.5 million. The court upholds the rule that telling a sexually-harassing supervisor to cut-it-out is protected "opposition" activity under Title VII, and will support a claim for retaliation. The opinion also highlights the kind of trouble employers can get into when they fail to treat temporary employees as a full-fledged part of the workforce.

EEOC Affirms Right to Gender-Appropriate Bathrooms and pronouns for Transgender Employees

On April 1st, the EEOC issued a groundbreaking ruling that found that the Army discriminated against a transgender civilian employee by denying her access to the women's restroom and created a hostile work environment by allowing a supervisor to intentionally misuse her former name and male pronouns.

U.S. Oil Worker Wage-and-Hour Pay Rights Issues

Since July 2014, the price of oil has dropped by half. That's good for consumers' pocketbooks, but one segment of the population is facing hard times: U. S. oil industry workers.  In the past few years, the boom in oil production meant that companies needed to quickly expand hiring to meet the demand for workers. The rush to hire meant that some companies did not follow wage and hour laws.

McMullin v. MS Dept of Public Safety, No. 14-60366 (5th Cir. Apr. 6, 2015)

The Fifth Circuit issues yet another reminder, in today's Title VII decision, that an employer who stoutly refuses to offer any explanation for a decision to deny a promotion takes a strong chance of having to justify its actions at a jury trial.

subscribe to this blog's feed subscribe to this blog's feed

tell us about your case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

facebook twitter linked in

our office locations

Outten & Golden LLP
685 Third Avenue, 25th Floor  
New York, NY 10017  
Phone: 212-245-1000
Map and Directions

Outten & Golden LLP
161 North Clark Street
Suite 1600
Chicago, Il 60601  
Phone: 312-809-7010
Map and Directions

Outten & Golden LLP
One California Street, 12th Floor
San Francisco, CA 94111
Phone: 415-638-8800
Map and Directions

Outten & Golden LLP
601 Massachussetts Avenue NW
Second Floor West Suite 200W
Washington, DC 20001
Phone: 202-847-4400
Map and Directions