Tag – Summary Judgment on Employment & Labor Insider | Constangy, Brooks, Smith & Prophete, LLP

Posts tagged Summary Judgment.

A loser of an ADA argument

By Robin E. Shea on January 23, 2026Posted in Americans with Disabilities Act, Civil Procedure, Discrimination

Are you kidding me? Continue Reading ›

Five losing arguments: Race bias case will go to trial.

By Robin E. Shea on December 23, 2025Posted in Discrimination

What is it with universities in "M" states these days? Continue Reading ›

Employers, what's your motivation?

By Robin E. Shea on October 3, 2025Posted in Discrimination, Pregnancy, Retaliation, Wrongful Discharge

And can you prove it? Continue Reading ›

7 strikes, and this employer is OUT!

By Robin E. Shea on January 17, 2025Posted in Age Discrimination

Employer going to trial in age discrimination case. Continue Reading ›

Robin's quickie guide to motions to dismiss, summary judgment, and trial

By Robin E. Shea on January 17, 2025Posted in Civil Procedure, Reference

What's the difference? Continue Reading ›

3 things that will make an employer's case go down to defeat

By Robin E. Shea on December 20, 2024Posted in Employee Relations, HR, Reasonable Accommodation, Retaliation

Mayday! Mayday! Continue Reading ›

"Tighty whitey" case has 4 good lessons about workplace retaliation

By Robin E. Shea on December 6, 2024Posted in Harassment, Retaliation

You can't make this stuff up. Continue Reading ›

3 strikes, and this employer is OUT!

By Robin E. Shea on April 7, 2023Posted in Harassment, Sexual Harassment

Firm must go to trial on same-sex harassment claim. Continue Reading ›

FMLA "interference" doesn't require denial of leave

By Robin E. Shea on June 3, 2022Posted in Documentation, Family and Medical Leave Act, HR

The court is right, I think. Continue Reading ›

"She slept her way to the top!" = sexual harassment

By Robin E. Shea on February 15, 2019Posted in Sexual Harassment

A good reason to swear off gossiping at work. Continue Reading ›

Don't believe everything you read.

By Robin E. Shea on December 1, 2017Posted in Civil Procedure, Discrimination, Harassment, HR, Lawyers!, Sexual Harassment, Sexual Torts

A boss who grabs an employee's breasts without her consent is indeed guilty of sexual harassment. Continue Reading ›

Weekly catch-up

By Robin E. Shea on June 30, 2017Posted in Class actions, Drug Testing, FOCUS, Immigration, Labor Relations, Paid Leave, Politics, Safety, Social media, Uncategorized

Weekly catch-up

By Robin E. Shea on May 12, 2017Posted in Class actions, FOCUS, Labor Relations, Only in California, Politics, Wage-Hour

GORSUCH CONFIRMED

By Robin E. Shea on April 7, 2017Posted in Elections, Politics

The Deep Dive: A closer look at the Seventh Circuit's sexual orientation decision

By Robin E. Shea on April 5, 2017Posted in Discrimination, Sexual Orientation

Trumpdate: Labor nominee Acosta gets through HELP Committee, Dems support Gorsuch

By Robin E. Shea on March 31, 2017Posted in Politics

Weekly catch-up

By Robin E. Shea on March 24, 2017Posted in FOCUS, Franchise, Labor Relations, Politics

Daily Trumpdate: Gorsuch seems to care about real people

By Robin E. Shea on February 2, 2017Posted in Discrimination, Elections, Politics, Pregnancy

Daily Trumpdate: It's Neil Gorsuch! Puzder postponed perpetually?

By Robin E. Shea on February 1, 2017Posted in Elections, Politics

Daily Trumpdate: Must-see TV, LGBT protections here to stay, ICE to harden?, best way to less regulation

By Robin E. Shea on January 31, 2017Posted in Elections, Gender Identity Discrimination, Immigration, Politics, Sexual Orientation

Daily Trumpdate: The 4 known SCOTUS contenders

By Robin E. Shea on January 25, 2017Posted in Elections, Politics

Nitpicking the EEOC's proposed guidance on harassment

By Robin E. Shea on January 13, 2017Posted in Discrimination, Gender Identity Discrimination, Harassment, Sexual Orientation

Oh, wait a minute -- sexual orientation bias DOES violate Title VII?

By Robin E. Shea on November 11, 2016Posted in Gender Identity Discrimination, Harassment, Sexual Orientation

There's a new Sheriff in town: The politics and pitfalls of patronage dismissals (Part 1 of 2)

By F. Damon Kitchen on September 16, 2016Posted in First Amendment, Public Sector Employment

The EEOC's defeat in Detroit: Pants, skirts, gender identity, and religion

By Robin E. Shea on August 26, 2016Posted in Discrimination, Gender Identity Discrimination

Massachusetts expands protections to transgender individuals

By Angela L. Rapko on August 12, 2016Posted in Discrimination, Gender Identity Discrimination

Huh? Title VII and sexual orientation bias, revisited

By Robin E. Shea on August 5, 2016Posted in Discrimination, ENDA, Gender Identity Discrimination, Same-sex marriage, Sexual Orientation

The "duty to conciliate" doesn't mean the EEOC has to be reasonable.

By Robin E. Shea on June 17, 2016Posted in Discrimination, Settlements

Look out, employers! The new Class Action Outlook is out!

By Robin E. Shea on June 10, 2016Posted in Class actions

The clock starts when? SCOTUS decision in Green v. Brennan

By Robin E. Shea on June 3, 2016Posted in Discrimination

An open love letter to Justice Clarence Thomas

May 20, 2016Posted in Class actions, Discrimination, Harassment, Transportation Industry

What can employers expect from a Justice Garland?

By Robin E. Shea on March 16, 2016Posted in Discrimination, Labor Relations

EEOC Retaliation Guidance, Part 2: Was your employment action "adverse"?

By Robin E. Shea on February 5, 2016Posted in Retaliation

Why the EEOC believes Title VII bans sexual orientation bias

By Robin E. Shea on January 8, 2016Posted in Discrimination, ENDA, Gender Identity Discrimination, Harassment

Who was naughty, and who was nice in employment law this year

By Robin E. Shea on December 23, 2015Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Labor Relations, Lawyers!, Pregnancy, Protected Concerted Activity, Retaliation, Safety, Social media, Telecommuting, Wage-Hour

Supreme Court to review CRST attorneys' fee award against EEOC

By Robin E. Shea on December 9, 2015Posted in Class actions, Discrimination, Harassment, Transportation Industry

Straight from the source: EEOC's 10 hottest litigation trends

By Robin E. Shea on October 30, 2015Posted in Americans with Disabilities Act, Background Checks, Class actions, Discrimination, Harassment, Pregnancy, Retaliation, Settlements, Telecommuting

Gorilla schtick, Juneteenth, and quit while you're ahead

By Robin E. Shea on October 9, 2015Posted in Discrimination, Harassment

BREAKING: Young and UPS settle pregnancy lawsuit

By Robin E. Shea on October 2, 2015Posted in Pregnancy, Settlements

Can an employee be fired for having too many kids?

By Robin E. Shea on September 4, 2015Posted in Discrimination, Work-Life Balance

Is protected activity part of your job? You may still be protected.

By Robin E. Shea on August 14, 2015Posted in Retaliation

Six things about the ADA that even an employer can love.

By Robin E. Shea on July 31, 2015Posted in Americans with Disabilities Act

EEOC, Abercrombie settle hijab lawsuit

By Robin E. Shea on July 21, 2015Posted in Discrimination, Settlements

What does SCOTUS same-sex marriage decision mean for employers?

By Robin E. Shea on June 30, 2015Posted in Same-sex marriage

Affordable Care Act is a go, says Supreme Court

By Robin E. Shea on June 26, 2015Posted in Affordable Care Act

BREAKING: Same-sex marriage is the law of the land, SCOTUS says

By Robin E. Shea on June 26, 2015Posted in Same-sex marriage

EEOC v. Abercrombie's lesson for employers - in 5 minutes or your money back

By Robin E. Shea on June 5, 2015Posted in Discrimination

Is this new harassment decision the end of the world for employers?

By Robin E. Shea on May 15, 2015Posted in Harassment, Retaliation

Did he quit, or was he fired? Constructive discharge quiz!

By Robin E. Shea on May 1, 2015Posted in Discrimination, Harassment

Supreme Court hears argument on same-sex marriage

By Robin E. Shea on April 28, 2015Posted in Same-sex marriage

Pregnancy accommodation FAQs for employers

By Robin E. Shea on April 2, 2015Posted in Discrimination, Pregnancy

Today's SCOTUS pregnancy decision in 1:14

By Robin E. Shea on March 25, 2015Posted in Discrimination, Pregnancy

EMPLOYMENT LAW BLOG CARNIVAL: April Fools' Edition

By Robin E. Shea on March 18, 2015Posted in Americans with Disabilities Act, Discrimination, eLaw, Employment Law Blog Carnival, ERISA, Family and Medical Leave Act, Gender Identity Discrimination, Labor Relations, Lactation, Protected Concerted Activity, Retaliation, Safety, Same-sex marriage, Social media, Wage-Hour

What's your workplace retaliation IQ?

By Robin E. Shea on March 13, 2015Posted in Retaliation

This 'n' that from the world of the workplace

By Robin E. Shea on February 27, 2015Posted in Discrimination, eLaw, Equal Pay, Non-Competes, Social media, Violence

New FMLA rule will give rights to same-sex spouses based on "place of celebration"

By Robin E. Shea on February 24, 2015Posted in Family and Medical Leave Act, Same-sex marriage

BREAKING: Supreme Court will review states' right to ban same-sex marriage

By Robin E. Shea on January 16, 2015Posted in Same-sex marriage

Can courts second-guess the EEOC's conciliation efforts?

By Robin E. Shea on January 14, 2015Posted in Discrimination, Settlements

Year-end employment law roundup -- happy 2015!

By Robin E. Shea on January 2, 2015Posted in Americans with Disabilities Act, Class actions, Discrimination, eLaw, Family and Medical Leave Act, Harassment, Labor Relations, Retaliation, Wage-Hour

Employment law advice you should never follow

By Robin E. Shea on December 12, 2014Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, Pregnancy, Retaliation, Safety, Violence

Will SCOTUS review same-sex marriage now?

By Robin E. Shea on November 7, 2014Posted in Same-sex marriage

A reader asks: "Is it me, or has job interviewing become really complicated?"

By Robin E. Shea on October 10, 2014Posted in Americans with Disabilities Act, Discrimination, Pregnancy

An employer should never ask about disability or religion. Except when it should.

By Robin E. Shea on October 3, 2014Posted in Americans with Disabilities Act, Discrimination

The EEOC has been a busy bee this week. (It stings!)

By Robin E. Shea on September 19, 2014Posted in Americans with Disabilities Act, Class actions, Discrimination, Employment Law Blog Carnival, Genetic Information Non-Discrimination Act, GINA, Harassment, Pregnancy, Settlements

You can't fix stupid: Employment law edition

By Robin E. Shea on August 1, 2014Posted in Discrimination, Off-Duty Conduct, Retaliation

Sex stereotyping, sexual orientation discrimination, and federal law - crazy-mixed-up right now

By Robin E. Shea on July 25, 2014Posted in Discrimination, ENDA, Harassment

An in-depth look at the EEOC's new Enforcement Guidance on pregnancy

By Robin E. Shea on July 18, 2014Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Lactation, Pregnancy

Adopt an arbitration program that covers class, collective claims

July 7, 2014Posted in Alternative Dispute Resolution, Class actions, Wage-Hour

Six reasons why Hobby Lobby does not spell "doom" for women

July 3, 2014Posted in Affordable Care Act

BREAKING: Supreme Court 5-4 finds in favor of Hobby Lobby and against SEIU

June 30, 2014Posted in Affordable Care Act, Labor Relations

All That for a Bag of Chips: Walgreens going to trial in disability discrimination case

April 17, 2014Posted in Americans with Disabilities Act, Civil Procedure, Discrimination, Employment Law Blog Carnival

8 reasons your sexual harassment investigation is better than the Clarence Thomas-Anita Hill investigation

April 4, 2014Posted in Harassment

2 weird sexual harassment cases, with 8 lessons for employers

By Robin E. Shea on January 3, 2014Posted in Civil Procedure, Harassment

Retaliation Quiz, and the scorned associate who's getting a jury trial

By Robin E. Shea on August 23, 2013Posted in Defamation, Discrimination, Retaliation

No retaliation case unless it's "the" motive, not just "a" motive, SCOTUS says

By Robin E. Shea on July 13, 2013Posted in Retaliation

Happy Fourth! When it comes to liability for workplace harassment, SCOTUS says not just anybody is a "supervisor"

By Robin E. Shea on July 3, 2013Posted in Harassment

Supremes' DOMA decision may simplify some spousal FMLA administration

By Robin E. Shea on June 28, 2013Posted in Family and Medical Leave Act

Is your reason for termination honest, logical, and complete? If not, you may get a scary result in your discrimination case

By Robin E. Shea on June 14, 2013Posted in Discrimination, Employment at Will

"Looks" discrimination can be a problem even if you're in retail, fashion, or marketing

By Robin E. Shea on April 12, 2013Posted in Discrimination

Employers, don't let that "protected" employee hold you hostage.

By Robin E. Shea on December 7, 2012Posted in Evidence, Protected Concerted Activity, Retaliation, Wage-Hour

Obama 2.0: What employers can expect to see in the next four years

By Robin E. Shea on November 9, 2012Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Equal Pay, Family and Medical Leave Act, Labor Relations, Protected Concerted Activity, Social media

Eau de humanity, part deux: Employer wins ADA fragrance case

By Robin E. Shea on November 2, 2012Posted in Americans with Disabilities Act

Roundup of Supreme Court employment cases -- right here!

By Robin E. Shea on October 5, 2012Posted in Affirmative Action, Class actions, Discrimination, ERISA, Evidence, Harassment, Wage-Hour

Special Report: A quick and dirty on this week's "drug rep" overtime decision . . . and why all employers should be pleased

By Robin E. Shea on June 19, 2012Posted in Wage-Hour

When can an employer fire an employee for medical leave fraud?

By Robin E. Shea on May 11, 2012Posted in Americans with Disabilities Act, Family and Medical Leave Act

A few labor and employment gems I got this week

By Robin E. Shea on February 16, 2012Posted in Evidence, GINA, Labor Relations, Protected Concerted Activity, Social media

EMPLOYMENT LAW BLOG CARNIVAL, Chinese New Year Edition

By Robin E. Shea on January 16, 2012Posted in Americans with Disabilities Act, Civil Procedure, Defamation, Discrimination, Social media

PHYSICIAN, HEAL THYSELF! Good lessons for employers from AMA case

By Robin E. Shea on October 20, 2011Posted in Civil Procedure, Evidence, Family and Medical Leave Act, Protected Concerted Activity, Retaliation

5 reasons for employers to "hold their fire" on dismissal of employment suits

By Robin E. Shea on October 14, 2011Posted in Civil Procedure, Discrimination, Employment at Will

Employers, don't try to dismiss that lawsuit before its time.

By Robin E. Shea on October 7, 2011Posted in Civil Procedure, Discrimination

Thanks, Supremes! Wal-Mart v. Dukes roundup

By Robin E. Shea on June 21, 2011Posted in Class actions, Discrimination

Employment law roundup: Do sexy immigrants who E-verify on Facebook cause obesity?

By Robin E. Shea on May 27, 2011Posted in Discrimination, Harassment, Protected Concerted Activity, Social media

Religion in the Workplace: 5 Devilish Employer Mistakes

By Robin E. Shea on April 15, 2011Posted in Discrimination

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