Labor Days
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…
Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters
As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against…
Clawback Provisions As An Alternative to Traditional Restrictive Covenants
Employers are increasingly using clawback provisions in their employment agreements in lieu of traditional restrictive covenant breach provisions to encourage employees to abide by their restrictive covenant…
New York Attorney General’s Office Demands “On Call Shift” Information From Retailers
As reported in various media outlets, the New York Attorney General’s office recently sent a request to several retail employers who do business in New York for information concerning their practices of scheduling…
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…