Labor & Employment News Alert

Fourth Circuit Emphasizes the Plaintiff’s Burden in Wage Discrimination and Retaliation Cases

October 20, 2023

In Noonan v. Consolidated Shoe Company, No. 21-2328 (4th Cir. Oct. 19, 2023), the United States Court of Appeals for the Fourth Circuit stressed the need for proper comparators in wage discrimination cases. The Court also emphasized the employee’s burden to prove a causal link between alleged gender-based discrimination and adverse employment actions.

The Fourth Circuit affirmed the district…

Fourth Circuit Underscores Burden of Proof for Intentional Discrimination

March 16, 2023

The Fourth Circuit issued a decision yesterday, reinforcing a plaintiff’s burden in employment discrimination cases.  In Balderson v. Lincare Inc., No. 21-1753 (4th Cir. Mar. 15, 2023), a three-judge panel reversed the trial court’s conclusion that Chandra Balderson’s termination from employment was the result of discriminatory animus based on her sex.  The trial court reached this conclusion after…

New Protections for Pregnant and Nursing Mothers: What Employers Should Know About the PUMP Act and PWFA

February 22, 2023

As part of the omnibus spending bill for FY 2023, Congress passed new protections for pregnant employees and nursing mothers in the Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). On December 29, 2022, President Biden signed the bills into law.

Pregnant Workers Fairness Act

The PWFA was enacted to address the gap between the…

The Latest Edition of the JK Defense Newsletter

July 1, 2021

Learn about the latest changes in labor and employment law in the attached JK Defense Newsletter. Our topics focus on new Tri-State issues ranging from workplace accommodations for pregnant employees (Indiana), the use of employee conviction records in hiring decisions (Illinois), and the type of leave available for adoptive parents (Kentucky).

JK Defense_Evansville_Newsletter Summer 2021.pdf

Mark Dellinger and Grace Hurney Co-Author Employment Law Article for the West Virginia Law Review Online

January 21, 2020

Mark Dellinger and Grace Hurney, members of the firm’s Labor and Employment Group, have co-authored an article entitled “The West Virginia Workers’ Compensation Act: Providing ‘Sweeping Immunity’ From Common Law Tort Claims in Employment Discrimination Cases.”  This article was published on January 17, 2020, by the West Virginia Law Review Online and is cited at 122 W. Va. L. Rev. Online 2.  If you…

“I Reported, and He Got Promoted” – Riot Games’ Bro-Culture Proves Costly

December 9, 2019

Riot Games, a Los Angeles based video game developer, has agreed to pay out $10 million in a settlement with a class of women who had brought claims of sexual harassment and gender discrimination.  Announced in August 2019, court filings on December 2, 2019, revealed for the first time some of the terms of the settlement Riot Games reached with nearly 1,000 women who worked at the developer since…

#MeToo, Times Up, and Labor Negotiations

July 31, 2019

The #MeToo and Times Up movements may be coming to your bargaining table in the near future. Earlier this month, Netflix and a major Hollywood union, the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), negotiated a contract containing anti-harassment protections in the form of prohibiting auditions from being held in private residences or hotel rooms. The…

A recent legal challenge may determine the enforceability of West Virginia’s parking lot bill

July 19, 2019

A federal lawsuit may determine whether employees have the right to keep firearms in their cars while at work. On March 10, 2018, the West Virginia Legislature passed The Business Liability Protection Act (“the Act”), which has become commonly known as the “The Gun Bill” or “The Parking Lot Bill.”  This legislation imposes liability and significant restrictions on an employer’s ability to manage…

U.S. Supreme Court to Decide Whether Title VII Protects Gay and Transgender Employees

April 22, 2019

The U.S. Supreme Court has decided to take up a trio of cases involving a hot-button employment law issue for federal courts.  The Court has been asked to decide whether Title VII of the Civil Rights Act, which bans discrimination “based on . . . sex,” protects gay and transgender employees.  On April 22, the Court granted petitions for certiorari, agreeing to hear the cases.

The cases involve…

Best to Keep it to Yourself: 4th Circuit Finds That False Gossip Can Give Rise to a Hostile Work Environment

February 25, 2019

On February 8, 2019, the Fourth Circuit, which covers West Virginia, ruled that false rumors in the workplace can give rise to liability for an employer for a hostile work environment. The case Parker v. Reema Consulting Services, Inc., begins innocently enough. The Plaintiff in this case was hired as a low-level clerk for Reema Consulting, but quickly rose through the ranks, receiving six…

Supreme Court Watch: SCOTUS Grants Certiorari on Title VII Case

January 15, 2019

On January 12, 2019, the Supreme Court of the United States granted certiorari in Fort Bend County v. Davis, which questions whether Title VII’s requirement that a plaintiff exhaust their administrative remedies is a jurisdictional prerequisite to suit or instead a waivable claim processing rule.

Before filing a lawsuit under Title VII of the Civil Rights Act of 1964, an individual who alleges…

An Early Look at Federal Labor and Employment Law Developments in 2019

January 6, 2019

Since we just turned the page on 2018, it is time to focus on what labor and employment law developments may be in store for employers in 2019.  This post highlights several labor and employment regulatory and case law developments that may come to fruition this year.

1. The U.S. Equal Employment Opportunity Commission (EEOC) is scheduled to release a new proposal in June regarding how employers…