Employers take note: the landscape of employee discrimination litigation is changing. That’s the message of a recent update from law firm Spilman Thomas & Battle:
“For employment lawyers, the elements of an employment discrimination lawsuit are second nature: a plaintiff must belong to a protected class, the employer must make an adverse employment decision, and the employer must act based on the plaintiff’s protected status. And, for the most part, employment lawyers have mastered the art of defending clients against these claims and advising on strategies and policies to avoid them altogether or minimize the likelihood of success.
Accordingly, plaintiffs and their attorneys have taken to using more creative approaches. Since an ounce of prevention is worth a pound of cure, in writing this article we put on our ‘plaintiff’ hats and tried to see the world through the eyes of someone who wants to bring a claim but can’t find a well-established way to do so. Hopefully, this out-of-body experience will allow our readers to plan for the future by analyzing claims that now seem remote and far-fetched, but may not seem so in the future.”
Read the full update, The Pessimist’s Guide to Employment Litigation: Where It (May Be) Headed, and How to Head It Off – Spilman Thomas & Battle, PLLC>>
- Eight Warning Signs of Potential Employment Termination and Eight Ways to Respond – Jaburg Wilk
- Embracing Wal-Mart & Distinguishing McReynolds, The Seventh Circuit Reverses Class Certification Of Sprawling (And Stale) Classes – Proskauer
- Third DCA Holds that Florida Civil Rights Act Does Not Prohibit Pregnancy Discrimination, Certifies Conflict with 4th DCA – Akerman Senterfitt
- Pregnancy Discrimination Equals Sex Discrimination Under Civil Rights Laws – Barger & Wolen
- DOJ Announces New Barrier-Free Health Care Initiative Targeting Disability Discrimination – King & Spalding
- Appellate, District Courts Expand on “Cat’s Paw” Discrimination Theory – Franczek Radelet P.C.
- Weighing The Risks Of Not Hiring Obese Applicants – Fisher & Phillips LLP
- Montana Obesity Ruling May Be Cause For Concern – Fisher & Phillips LLP
- Morbid Obesity as a Covered Disability under the ADA – Mintz Levin
- Court Rejects Perceived Disability Claim – Pullman & Comley, LLC
- Scrutiny of Gender Disparities in Compensation: At the Executive Level and Below – Mintz Levin
- Employee Training Is Key to Avoiding Retaliation Claims – Christina Michelson
- Take 5: Views You Can Use – July 2012 – Epstein Becker & Green, P.C.
- 5 Helpful Tips When Terminating an Employee – Dinsmore & Shohl LLP
Follow @Labor_Law on Twitter for more>>