Eversheds Sutherland 11th Circuit Business Blog
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En Banc Court Affirms Summary Judgment in Sharply Divided Decision

In Gogel v. Kia Motors Manufacturing of Georgia, Inc., 2020 WL 4342677 (11th Cir. July 29, 2020), a divided en banc court affirmed the grant of summary judgment to an employer on retaliation claims under Title VII and § 1981, reversing the original panel opinion and producing some testy exchanges among members of the court.  Plaintiff Gogel alleged that she was the victim of gender and...

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...