College Athletes (Still) Not Employees

By Lindsay Hesketh The District Court for the Northern District of California has weighed in on whether student athletes are “employees” under the law.  On April 25, 2017, the Court dismissed a proposed class action brought by a former University of Southern California football player.  The suit was against the NCAA and PAC-12 Conference for […]

Social Media Showdown II

By Bill Wright TheBlaze, Inc. and Glenn Beck (collectively “TBI”) have squared off against Tomi Lahren over a Facebook page. As reported earlier, Lahren sued TBI, claiming among other things, that they were blocking her access to social media.  TBI has responded with a counterclaim against Lahren. TBI asserts that they are in full compliance […]

Suspension Not Materially Adverse

By Bill Wright A retaliation claim under Title VII requires proof of a “materially adverse action.”  Short of discharge, what could be more materially adverse than a suspension?  The Fifth Circuit Court recently ruled that even a suspension is not always materially adverse.  The plaintiff will have to show that the suspension caused “physical, emotional, […]

Sexual Orientation Discrimination Illegal

By Bill Wright The Seventh Circuit Court of Appeals is the first federal appellate court in the country to rule that Title VII already protects employees from discrimination because of sexual orientation. In every other case that has previously reached a federal court of appeals, the court has ruled the employee could proceed only on […]

EEOC Held to Relevance Standard

By Bill Wright The Supreme Court today ruled in McLane Co. v EEOC, No. 15–1248 (April 3, 2017).  The actual issue was narrow: whether a court of appeals should substitute its own judgment for the trial court’s judgment when deciding whether to enforce an EEOC subpoena. The Supreme Court answered that question: “no,” but in describing […]