Business Litigation Report: July 2013

07/23/2013 / Business Litigation Practice Group

 

In the July Issue:

 

Supreme Court Defines "Supervisor" and Adds Protection to Employers from Title VII Hostile Work Environment Claims
By Daniel J. Ballintine and Martha Kramer

 

On June 24, 2013, in a 5-4 opinion, the Supreme Court defined “supervisor” as it pertains to vicarious liability under Title VII of the Civil Rights Act of 1964. In Vance v. Ball State University, No. 11-556, the Court held that to be considered a supervisor, an employee must have the authority to make tangible employment decisions, such as hiring and firing. To read more, click here.
 

 


EEOC Sues Employers for Discriminatory Practices for Use of Criminal Background Checks
By Susan E. Tegt

 

The United States Equal Employment Opportunity Commission (“EEOC”) filed two separate lawsuits on June 11, 2013, one against a BMW manufacturing facility in South Carolina and the other against discount retailer Dollar General. Both lawsuits allege that the employers’ criminal conviction background check policy has a disparate impact on African Americans, who have higher arrest and conviction rates than whites. The EEOC alleges in the lawsuits that the use of the criminal background checks violates Title VII of the Civil Rights Act of 1964, prohibiting discrimination on the basis of race, color, religion, sex, and national origin. 

 

 

U.S. Supreme Court Ruling in Favor of Employers: Employees Must Prove Strict 'But-For' Causation to Establish A Title VII Retaliation Claim

By Daniel J. Ballintine and Armeen Mistry

 

On June 24, 2013, the United States Supreme Court decided, in University of Texas Southwestern Medical Center v. Nassar, that employees pursuing Title VII retaliation claims must prove the traditional “but-for” causation, instead of the relaxed “motivating factor” standard applicable to Title VII discrimination claims. To read more, click here.

 
 

Liability Waivers in Minnesota Governed By New Law Effective August 1, 2013

 

Liability waivers for consumer services – including recreational activities – that waive liability for damage, injuries or death which result from “ordinary negligence" remain enforceable in Minnesota following the 2012 - 2013 legislative session. Though the Minnesota Legislature at one point considered proposals to make nearly all liability waivers unenforceable, the bill ultimately passed by the legislature and signed into law by Governor Dayton is consistent with long-standing common law in Minnesota. To read more, click here.

 

 


Business Litigation Department Attorneys:

Email
952-896-3312

 
Phyllis Karasov
Email
952-896-1569

 

 

Email 
952-896-3280

 

 
Andrew D. Moran
Email
952-896-1541

Email 
952-896-3288

 

 
Cynthia M. Klaus

Email
952-896-3392

 

 

Michael C. Jackman

Email
952-896-3374 

 
Richard J. "Jay" Reding

952-896-6704
Kenneth

Corey-Edstrom

Email
952-896-3380

 

Email 
952-896-3275

 

 

Glenna L. Gilbert
Email
952-896-3283
 

 

 
Susan E. Tegt
Email
952-896-3325

Email 
952-896-3340

 
 

Email
952-896-3318

 
 

952-896-3353

 

 



 

 

Email
952-896-1572

 

 

John A. Kvinge
Email
952-896-1554

 
 

This alert is provided as a service to our clients and firm associates. While the information provided in this publication is believed to be accurate, it is general in nature and should not be construed as legal advice.