Management’s Negligence Not Enough for Punitive Damages

By Joseph Hunt The Fourth Circuit Court of Appeals recently reversed a jury award of punitive damages under Title VII because the plaintiff had not established the employer acted with malice or reckless indifference. The Court held that a plaintiff must show culpability beyond mere negligence at the management level in order to hold the […]

Don’t Quarrel Over Scripture

By Bill Wright The Fourth Circuit Court of Appeals recently upheld a jury verdict in favor of the EEOC in a Title VII religious discrimination claim. At issue was the use of a biometric scanner as a time clock. EEOC v. Consol Energy, Inc. et al., No. 16-1406 (4th Cir. June 12, 2017) The employee […]

Avoiding Dukes

By Andy Volin Female employees at national employers claim systemic pay discrimination in a variety of settings. The most famous example is the Supreme Court’s 2011 decision in Wal-Mart Stores, Inc. v. Dukes. There, the Supreme Court ruled that a nationwide class action for female workers was improper because individual stores had discretion to set […]

Treat Pregnancy Like Other Temporary Disabilities

By Rose McCaffrey The Fourth Circuit recently reminded employers to treat pregnant workers similarly to others with temporary disabilities, but excused employers from giving pregnant workers favored treatment.  Young v. UPS, No. 11-2078 (4th Cir. January 9, 2013).  The plaintiff was a driver for UPS and requested “light duty” work because of lifting restrictions based on […]