COVID-19 as a Disability Under the ADA

On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) released guidance that workers with disabilities stemming from COVID-19 are protected from discrimination under the Americans with Disabilities Act (ADA) and may be eligible for reasonable accommodations.  T
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SCOTUS Imposes Steeper “But For” Standard on § 1981 Claimants

In a recent decision (Comcast Corp. v. Nat'l Ass'n of African Am.-Owned Media, No. 18-1171, 2020 WL 1325816, at *1 (U.S. Mar. 23, 2020)), the Supreme Court held that an employee who allege claims race discrimination under 42 U.S.C. § 1981 have the burden of proving their race was the
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EEOC Issues Guidance Regarding Transgender Employees

 The EEOC recently issued guidance regarding employers' obligations with respect to transgender employees. Key points: “Transgender” refers to people whose gender identity and/or expression is different from the sex assigned to them at birth (e.g., the sex listed on their birth certif
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The Supreme Court in Young v. UPS Establishes New Approach to Pregnancy Discrimination and Balks at Ruling for Either Party

On March 25, 2015, the Supreme Court of the United States in Young v. United Parcel Service, Inc. refused to rule in favor for either Plaintiff, Peggy Young, or Defendant, United Parcel Service, Inc. (“UPS”), and instead, vacated the Fourth Circuit’s ruling and remanded the case back
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A Punitive Damages Award of $185 Million: How to Avoid the Zone of AutoZone

There has been a lot of buzz about the gigantic punitive damages award recently handed down in a pregnancy and sex discrimination case in California.  For us, it is an opportunity to examine what lessons can be learned. Lesson No. 1:  Employers must thoroughly train their managers and
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ASARCO and BurnsBarton Urge 9th Circuit to Cut Punitive Damages Award

Asarco Urges 9th Circ. Panel To Cut Sex Harassment Award - Law360 6/19/14, 8:57 AM Portfolio Media. Inc. I 860 Broadway, 6th Floor I New York, NY 10003 By Brandon Lowrey Law360, Los Angeles (June 18, 2014, 10:01 PM ET) -- Arizona mining company Asarco LLC urged an en banc Ninth Ci
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