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Outten & Golden LLP
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Advocates for Workplace Fairness
Advocates for Workplace Fairness

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This takes the cake: an employee on the night shift at an Idaho supermarket is accused of (and fired for) taking a cake from the bakery's "stales cart" without permission to serve to co-workers. The Ninth Circuit thinks that a jury could find management's story unpalatable, though, and remands it for a trial.


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News sources report that many employers are complying with the new overtime regulations.

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The D.C. Circuit holds that even facially benign statements about an employee - in a given context - can constitute evidence of discriminatory intent. The panel finds that a supervisor's alleged compliment to a Black employee for "speaking well," and later telling the same employee that he was not a "good fit" for the organization, might be evidence of racial stigmatizing. It also discusses that an employer's "honest belief" must also be reasonable under the circumstances.

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An employer that deliberately, or with gross negligence, misinforms employees about potential retirement benefits - inducing them to remain with the company - may find itself on the hook to compensate those employees for lost opportunities. In this case, the Sixth Circuit affirms an ERISA judgment against a manufacturer and its retirement plan for equitable estoppel, breach of fiduciary duty, and an anti-cutback violation of ERISA.

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Blog Post: The Sixth Circuit reviews and affirms a $75,000 jury verdict for a job applicant whose employment background check was negligently performed, but vacates an award for punitive damages, under the Fair Credit Reporting Act (FCRA). The case involves a scenario where an applicant's common first and last names triggered a false criminal report.

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We are pleased to announce that the New York office of Outten & Golden LLP has relocated to the following address as of August 29, 2016: 685 Third Avenue, 25th Floor New York, NY 10017. Our phone number remains the same: 212-245-1000.
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Blog Post: In a bid to restore common sense to the adjudication of Title VII and other employment cases, a panel of the Seventh Circuit (with the acquiescence of the full court) decisively overrules both the "convincing mosaic" and "direct vs. indirect" methods of proof. It urges instead the straight-forward application of the anti-discrimination standard: whether the plaintiff "would have kept his job if he [or she] had a different ethnicity, and everything else had remained the same."

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Blog Post: The Fifth Circuit reverses summary judgment in a pregnancy discrimination case, decided under the Texas Commission on Human Rights Act ("TCHRA"). The panel holds that the plaintiff presented a genuine dispute of material fact about each of two reasons that the employer - a law firm - gave for her termination. The opinion reminds employers that simply keeping records of an employee's supposed violations is not enough to avoid a trial, and that the plaintiff's own testimony about the records deserves equal dignity.

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Blog Post: Donald Trump isn’t right very often, but when he said he hoped his daughter Ivanka would get a new job or career if she experienced sexual harassment, he unwittingly described reality for most victims. Women who are harassed in the workplace are forced to make a painful choice: either endure or leave.
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