A security officer in a troubled school requested a chair and desk in an accommodation to allow her to rest for ten minutes every hour of her shift due to plantar fasciitis. The school denied her request because walking constantly was an “essential job function”. When the officer sued the Chicago Board of Education, the School Board moved for summary judgment.
Google, Uber and other tech companies announced changes in recent months to their policies eliminating the requirement for arbitration of sexual harassment claims. New legislation imposes potential tax co
Last summer the Department of Justice issued a brief that Title VII does not cover sexual orientation and any changes are up to Congress. The United States Court of Appeals for the Eleventh Circuit appears to have followed this brief when ruling  “discharge for homosexuality is not prohibited by Title VII.” Bostock v. Clayton Cty. Bd. of Comm’rs, 894 F.3d 1335, 1337 (11th Cir. 2018). The claimant asked the Supreme Court to review the decision.
When a health inspector requested the County create a new position for her due to an injury, the County denied her request but did accommodate her injury with a temporary job reassignment. The health inspector resigned from her position and filed suit alleging the failure to create a new position was in violation of her rights under the Americans with Disabilities Act (“ADA”).
All eyes are on the Supreme Court this month as the court contemplates a review of three employment discrimination cases involving Title VII protection against discrimination on the basis of sexual orientation and gender identity. The United States Courts of Appeal for the Second and Seventh Circuit Courts ruled Title VII’s prohibition of sex-based discrimination also protects against discrimination due to sexual orientation.
The Age Discrimination in Employment Act (ADEA) prevents private employers with twenty or more employees from making employment decisions due to age. In 1974, Congress amended the ADEA to cover state and local governments.
The United States Court of Appeals for the Eight Circuit, in a case of first impression, ruled that there is no basis for a Title VII retaliation claims based on an employer’s denial of an employee’s request for a 
After completing 8 months of National Guard training, Tammy Webster requested to renew her contract as a dispatcher with the Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP). She filed a claim under the Uniformed Services Employment and Reemployment Act (USERRA) when MDWFP refused to rehire her. The trial court awarded her $7,589 for one year’s worth of lost part-time wages and an attorney-fee award of $2,800.
Fifteen years after founding On-Site Fuel Service, Inc., Gregory Nethery entered into a deal with CapitalSouth and Harbert granting them an ownership interest in the company. As part of that agreement, Nethery entered into a Stockholder Agreement which included choice of law and arbitration provisions. Five years later Nethery filed suit against the two companies for breach of fiduciary duty, corporat
The U.S. Court of Appeals for the Fifth Circuit heard its first Defend Trade Secrets Act case but ruled on attorneys’ fees in the case, not trade secrets. Both the Plaintiff and Defendant were members of a limited liability company that placed blue wayfinding signs on Texas highways. When the company’s contract expired, the Defendants declined to include the Plaintiffs in a new company which acted as a competitor and won the contract.
Twitter picked up hashtags (words following the # symbol) in 2007 as a way to link related content across its social media platform. Several cases have challenged whether a hashtag or hash mark can be trademarked. As a basic rule, courts judge the merits of these trademarks on a case by case basis forcing each case to meet the requirements of traditional trademarks. Read more about how hashtag trademarks are evolving in the U.S.
Girl Scouts took on Boy Scouts earlier this month in a trademark infringement case when Boy Scouts launched a rebranding campaign. Boy Scouts announced a name change to Scouts BSA and a program change to include girls of all ages in its programs.
The U.S. Court of Appeals for the Fifth Circuit recently ruled on a case we previously discussed on our site, Manuel v. Turner Industries Group, LLC, et al. The Fifth Circuit upheld the district court’s dismissal of Manuel’s ERISA § 502(a)(3) claims because they could have been brought under ERISA § 502(a)(1)(B).
Diana Ledbetter complained to a human resources representative, Gogel, about discrimination. Under her role as an HR representative, Gogel held responsibility for investigating and resolving those complaints. Gogel found, however, that her employer’s procedures prevented her from fulfilling that aspect of her job. She then referred Ledbetter to an attorney.
When Berryland Trading, Inc, experienced a theft of $1.7 million worth of iPhones at its warehouse in Doral, Florida, the company turned to Transportation Insurance for coverage. While the policy did not specifically cover the Doral facility, it did cover “newly acquired or constructed property” within the policy period.
In 2017, Tiffany Herrmann, founder of Alabama company Sherree Cosmetics, launched a line of glitter palette eyeshadows under the name Born to Sparkle. She did not file for a trademark on the name until August 30, 2018, several weeks after Kylie Jenner launched her individual liquid glitter eyeshadow under the same name, Born to Sparkle. Herrmann sued Jenner in October for trademark infringement, trade dress infringement and unfair competition. Herrmann’s case is the 20th intellectual property violation filed against the Kardashian-Jenner empire.
Do plasma collection centers qualify as a “service establishment” under the ADA’s Title III “place of public accommodation” or as a public facility under Chapter 121 of the Texas Human Resource Code (THRC)? CSL Plasma, Inc deferred Mark Silguero and Amy Wolfe from donating plasma to their center for reasons relating to their respective disabilities. Silguero and Wolfe sued. The district court found in favor of CSL and the Fifth Circuit Court of Appeals upheld the decision.
In August 2015, Three Expo Events, LLC staged its adult love- and sex-themed convention Exxxotica 2015 at the City of Dallas’ Convention Center. Three Expo and the City of Dallas began informal plans to stage another event (Exxxotica 2016) the following year. Before a formal contract could be drawn up, the mayor and Dallas City Council adopted Resolution No. 160308 to bar the City of Dallas from contracting with Three Expo for the lease of the Dallas Convention Center.
As an at-will employment state, the Mississippi Supreme Court allows employers to fire employees “for good reason, bad reason or no reason at all, excepting only reasons independently declared legally impermissible.” McAm v. Allied Bruce-Teminix Co., Inc, 526 So.2d.603.606 (Miss.1993). When Aurora Flight Sciences Corporation fired Robert Swindol for having a firearm locked inside his vehicle, Swindol sued Aurora for wrongful discharge and defamation.
Under Mississippi law employees may be entitled to worker’s compensation benefits when the employee’s injury affects the employee’s ability to earn the same wages they were earning at the time of injury. It was undisputed that Ms.