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  • Blog Title: Employment Litigation

    The Supreme Court Hears Arguments on Collective Proceeding Waivers in Employment Arbitration Agreements

    In its first argument of the new term, the U.S. Supreme Court considered whether collective proceeding waivers in employment arbitration agreements may be enforced. The Federal Arbitration Act (“FAA”) allows employers to include arbitration agreements that require workers to bring legal claims to arbitration, rather than to court. Collective proceeding waivers are becoming a common […]

    What HR Departments Can Learn from the Weinstein Company?

    As the dust continues to settle on the Harvey Weinstein sexual harassment allegations, the future for both Weinstein and the company that bears his name is far from certain. Since the New York Times published an article detailing shocking allegations against Weinstein of a history of sexual harassment, the former movie producer has since checked […]

    Weinstein’s Contract May Have Protected Him against Sexual Assault Claims

    Details continue to emerge surrounding the major sexual harassment allegations against film producer Harvey Weinstein. One of the most shocking developments involves language in Weinstein’s employment contact with the Weinstein Company that may have permitted him to be sued for sexual harassment while continuing to keep his job. According to various news outlets, Weinstein’s contract […]

    Harvey Weinstein Fired From His Own Company Amid Massive Sexual Abuse Allegations

    Earlier this month, the New York Times published a bombshell article detailing numerous accounts of sexual abuse by movie mogul Harvey Weinstein over the course of three decades. The article accuses Weinstein of sexually harassing, and subsequently paying settlements to, at least eight women.  In the days following the article’s release, a number of other […]

    NFL Player Sues Former Team For Wrongful Termination

    Former NFL linebacker Erin Henderson is suing the New York Jets for wrongful termination after the two sides failed to reach a settlement agreement. Henderson was released from the Jets in February after the team declined to pick up the option on his contract for the 2017 season.  The suit claims that Henderson was let […]

    Equifax Data Breach Update: Company Announces Major Shakeup amid Public Backlash

    Equifax has announced that chairman and CEO Richard Smith will retire from the company effective immediately. Paulino do Rego Barros, Jr., President of Equifax’s Asia Pacific division, will act as interim CEO while the company searches for a permanent replacement.  In addition, Mark Fedler, a member of the Equifax board of directors, will take Smith’s […]

    The Second Circuit Reviews New York Methodist Hospital Worker’s FMLA Suit

    On June 30 2017, the U.S. Court of Appeals for the Second Circuit found that the District Court erred when it held that an employee had not proven a “serious health condition” to qualify for medical leave. The Second Circuit reasoned that the District Court used an interpretation of the regulation that was too narrow. […]

    A Single Racist Comment May Establish a Title VII Violation

    In April 2017, the United States Court of Appeals for the Second Circuit, held that a single racist comment can, when severe enough, establish a discriminatory hostile work environment. Otis Daniel, a 35-year-old African American male, began working for T&M Protection Resources, Inc. in 2010. Daniel worked as a fire safety director for T&M for […]

    Third Circuit Court Denies Penn State Football Coaches’ Claim

    The United States Court of Appeals for the Third Circuit (the “Third Circuit”) recently affirmed the U.S. District Court’s decision to grant Penn State University’s motion to dismiss claims made by two former Penn State football coaches. Coaches Jay Paterno and William Kenney sued Penn State in 2014, claiming they were denied due process of […]

    University of Chicago Prevails in Discrimination and Retaliation Lawsuit

    A federal jury in Illinois recently returned a verdict in favor of the University of Chicago Medical Center (“UCMC”) in a discrimination and retaliation lawsuit. A former UCMC resident, Dr. Maria Artunduaga (“Artunduaga”), sued the University of Chicago in 2012, claiming she experienced discrimination (hostile work environment) while employed by the UCMC. Artunduaga began her […]