Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Tide of Circuit Courts Finding Paid Suspension Is Not An Adverse Employment Action Grows

In an issue of first impression, the Third Circuit Court of Appeals ruled Wednesday, August 12, that a paid suspension does not constitute an adverse employment action under Title VII, joining the unanimous opinion of…

Fourth Circuit Rejects “Manager Rule” in Title VII Claims

On Monday, August 10, the Fourth Circuit rejected the application of the “manager rule” in the Title VII context, finding it “would discourage . . . employees from voicing concerns about workplace discrimination.” The…

Recent Ruling in LGBT Case Another Reminder That Religion Cannot Justify Discrimination

We predicted in blog posts on July 24 th and July 7 th that we would be seeing more in the way of LGBT litigation. I also recommended that managers be given extra training or reminders that in states where LGBT…

New Developments in Protections for LGBT Workers

It’s been a busy few weeks for developments in the area of LGBT rights since the Supreme Court’s decision in Obergefell v. Hodges, 135 S. Ct. 1039 (2015). The “Equality Act” - Yesterday, the House and Senate…

What All Employers Can Learn from Ellen Pao’s Resignation from Reddit

You might have been following the latest news on Ellen Pao, the interim CEO of Reddit, who just resigned her position last week. Ms. Pao was also the plaintiff in a high profile sexual harassment lawsuit against her…