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  • Blog Title: Employment Litigation

    Uber Victory in Ninth Circuit Regarding Dispute Over Enforceability of Arbitration

    The United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) recently ruled that the majority of Uber’s contract drivers must resolve their disputes through individual arbitration and cannot pursue their labor claims as a class. This decision serves as a major setback for Uber drivers seeking recognition as employees and is a […]

    Colleges Placed at the Mercy of the States They Are In: How State Laws Can Strip Host Cities of NCAA Tournament Games and Affect Athletic Programs

    Every year colleges and universities bid to host National Collegiate Athletic Association (“NCAA”) tournament games. Hosting these games attracts incoming students, boosts school pride, increases alumni contributions, and provides free marketing and advertising for the host college on a national scale. A recent NCAA decision, however, should put colleges on notice that the laws of […]

    EEOC Issues Final Enforcement Guidance on Retaliation Claims

    In the past few years, there has been an unprecedented increase in the number of workplace related claims filed against employers. Interestingly, retaliation-based claims are among the most commonly filed complaints by employees. According to Jenny R. Yang, the Chair of the Equal Employment Opportunity Commission (“EEOC”), “[r]etaliation is asserted in nearly 45 percent of […]

    Seventh Circuit: Title VII Does Not Cover Sexual-Orientation Discrimination

    The Seventh Circuit Court of Appeals, in a decision on July 26, 2016, held that Title VII, a chapter of the federal Civil Rights Act of 1964 that protects employees from being discriminated against based upon race, sex, religion and national origin, does not protect employees against discrimination based upon sexual orientation. In Hively v. […]

    Supreme Court Upholds University of Texas Race-Conscious Admissions Program

    In a long-awaited decision, the Supreme Court recently furnished a victory for affirmative action admissions programs. The 4-3 decision in Fisher v. University of Texas at Austin, written by Justice Kennedy, declared that the University of Texas at Austin’s race conscious admission program passes strict scrutiny. By way of background, affirmative action programs are governed by […]

    Fifth Circuit Expands EEOC’s Ability to Bring Pattern or Practice Discrimination Claims

    In a decision that grants the Equal Employment Opportunity Corporation (“EEOC”) broader discretion to bring pattern or practice discrimination claims against employers, the Fifth Circuit recently held that, at least in that circuit, the EEOC may bring such a claim under Section 706 of Title VII of the 1964 Civil Rights Act. The case, EEOC […]

    Uber and Lyft Drivers Bring Class Action against Companies’ Terminating Services in Austin

    Drivers for Uber Technologies Inc. and Lyft Inc. filed two proposed class actions in California on June 9, 2016, after the companies suddenly removed their services from Austin, Texas following new regulations. The two lawsuits stem from a public referendum, known as Proposition 1, which took place May 9 in Austin, which asked voters whether […]

    The EEOC Calls for Federal Judge to Continue with Sexual Orientation Discrimination Case

    The Equal Employment Opportunity Commission (“EEOC”) asked U.S. District Court Judge Cathy Bissoon in the Western District of Pennsylvania to reject a motion to dismiss in a lawsuit alleging a worker was discriminated against on the basis of his sexual orientation. The lawsuit, originally filed in March by the EEOC, alleges that Dale Baxley, a […]

    Obama Administration Announces Overtime Expansion, Affecting Over 4 Million Workers

    On May 17, 2016, the Obama administration announced a new regulation passed by the U.S. Department of Labor to raise workers’ overtime pay cutoff. The regulation will raise the overtime pay cutoff from $23,660 to $47,476 per year, or $913 per week. By way of background, President Obama called upon the Department of Labor to […]

    Recent Cases Suggest Colleges and Universities Should Review Their Employee-On-Employee Sexual Harassment Policies

    Just this past month, another Title IX lawsuit was filed against Columbia University (“Columbia”). This time, however, it involved the sexual harassment of an untenured professor by her mentor, a tenured professor. Enrichetta Ravina is one of a handful of academics professionally analyzing how individuals handle their retirement savings. In 2008, she joined Columbia’s business […]