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Eleventh Circuit Resets Title VII Retaliation Claim Standard

Undaunted by COVID-19, the Eleventh Circuit pressed forward with its work in Monaghan v. Worldpay US, Inc., 2020 WL 1608155 (11th Cir. Apr. 2, 2020), which reversed the district court’s grant of summary judgment for an employer, sending the plaintiff-employee’s Title VII race retaliation claim to a jury. The district court had both applied the wrong standard and failed to limit its...

Police Detective Can’t Be Fired for Inability to Receive Taser Shock, Holds Divided Panel on Remand from En Banc Court

On August 15, 2019, the Eleventh Circuit decided the employment discrimination case of Lewis v. City of Union City, 2019 WL 3821804, that had been remanded from the en banc court, having decided that the appropriate standard for comparator evidence is whether the proposed comparators are “similarly situated in all material respects.” The panel’s new opinion greatly resembles its first...

Court Grants En Banc Rehearing in Employment Retaliation Case

The Eleventh Circuit today granted the defendant employer’s petition for rehearing en banc in Gogel v. Kia Motors Manufacturing of Georgia, Inc., 904 F.3d 1226 (11th Cir. 2018). The now-vacated panel opinion, authored by Judge Martin, had affirmed summary judgment for the defendant on the plaintiff’s discrimination claims but revived her claim for retaliation. Judge Julie Carnes wrote...

Cash from Corn: Plaintiff Injured at Corn Harvesting Facility Advances to Trial

The Eleventh Circuit reversed the district court’s grant of summary judgment to the employer of a forklift driver who injured a truck driver picking up a shipment of corn in Newcomb v. Spring Creek Cooler Inc., 2019 WL 2364498 (11th Cir. June 5, 2019). Because the plaintiff picking up a load of corn at the defendant’s facility was responsible for the count and condition of the load, he...

Supreme Court Grants Review of Eleventh Circuit Case, Among Others, to Decide Title VII’s Application to LGBT Discrimination

The Supreme Court today granted certiorari in a number of cases considering whether Title VII prohibits discrimination against LGBT employees, including a case decided by the Eleventh Circuit, Bostock v. Clayton County, Georgia, 723 F. App’x 964 (May 10, 2018). In Bostock, a panel of Judges Tjoflat, Wilson, and Newsom affirmed, in an unpublished per curiam opinion, the dismissal of the...

Court Revives two Employment Discrimination Suits

The court this week published two employment discrimination opinions.  In one, the court affirmed summary judgment for the Korean-owned defendant on the plaintiff’s claims that she had been discriminated against because she was a woman and an American, but revived her claim that she had been fired in retaliation for complaining.  Gogel v. Kia Motors Manufacturing of Georgia, Inc., 2018...

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