CommLaw Monitor
Fourth Circuit Affirms Continued Validity of McDonnell-Douglas Test Following Supreme Court Decision
In Foster v. University of Maryland-Eastern Shore, the Fourth Circuit recently made clear that the McDonnell-Douglas test is alive and well, rejecting a District Court’s decision which had attempted to back away from…
CPSC Bumps Up Litigation Strategies Another Notch
The Consumer Product Safety Commission (“CPSC”) continues its increased willingness to use litigation as a tool when targeted companies disagree with the CPSC’s position, recently initiating two lawsuits seeking civil…
Update on EEOC Transgender Litigation
The Equal Employment Opportunity Commission (“EEOC”) has continued its push for increased focus on LGBT discrimination issues, with two cases in federal courts in Florida and Michigan pushing its position that gender…
Federal Courts Now Have the Authority to Review Whether the EEOC has Satisfied its Duty to Attempt Presuit Conciliation
Under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Equal Employment Opportunity Commission ("EEOC") is obligated to investigate charges of discrimination and retaliation in the workplace filed by a…
FLSA Trends: A Mixed Bag with a Silver Lining
It came as no surprise, as reported in a Law360 analysis on May 2, that cases brought under the Fair Labor Standards Act (FLSA) continue to trend upward. The FLSA was for many years a sleepy, antiquated,…