In last term’s decision in White v. Pauly, the Supreme Court observed that it has “issued a number of opinions reversing federal courts in qualified immunity cases” in recent years. 137 S. Ct. 548, 551 (2017). In other words, lower courts have been too quick to conclude that challenged conduct violates “clearly established federal statutory…
Category: Employment Law and Employee Benefits
Court Rejects Plaintiff’s Claims for FLSA and Rehabilitation Act Violations
This week the Eleventh Circuit affirmed the lower court’s (N.D. Ala.) decision to reject a city employee’s claims for violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-219, and the Rehabilitation Act of 1973 (“Rehabilitation Act”), 29 U.S.C. § 794. Boyle v. City of Pell City, 2017 WL 3429383 (11th Cir. Aug. 10,…
“Gateway” Issue Delegation to an Arbitrator is Enforceable, Without Qualifications; Circuit Split Noted
The Eleventh Circuit enforced an employment-related arbitration agreement’s provision delegating to the arbitrator “gateway” questions of arbitrability in Jones v. Waffle House, Inc., 866 F3d 1257 (11th Cir. Aug. 7, 2017). The opinion, written by Judge Marcus and joined by Judge Hull and Judge Clevenger visiting from the Federal Circuit, also rejects the notion, adopted by the…
No ERISA Claims for Multi-Employer Pension Fund Contributor
Responding to a pension fund’s dire financial condition, its board passed an amendment requiring employers withdrawing from the fund to pay a portion of the fund’s deficiency. One contributing employer, WestRock, then sought a declaratory judgment that the amendment violated ERISA, arguing on appeal that it had a claim under 29 U.S.C. §§ 1132(a)(10) or 1451(a)….
For FMLA Retaliation Claims, It’s the End-of-Leave Date that Counts
The Eleventh Circuit has held that the end of FMLA leave, not the beginning, is the relevant date for determining “close temporal proximity” between protected activity and an adverse employment action when evaluating an FMLA retaliation claim. Jones v. Gulf Coast Health Care of Delaware, LLC, 2017 WL 1396165 (11th Cir. Apr. 19, 2017). Rodney…
Plaintiff in Sexual-Orientation Discrimination Case Files En Banc Petition, Highlighted by Newly Created Circuit Split
A high-profile Seventh Circuit decision and a circuit split may increase the likelihood of the Eleventh Circuit granting rehearing en banc in Evans v. Georgia Regional Hospital, a decision we covered here last month. A divided panel in Evans held that—unlike discrimination based on gender non-conformity—discrimination based on sexual orientation is not prohibited by Title…
Discrimination Based on Gender Non-Conformity Is Prohibited by Title VII; Discrimination Based on Sexual Orientation Is Not
In Evans v. Georgia Regional Hospital, 2017 WL 943925 (Mar. 10, 2017), the Eleventh Circuit considered an issue that has been the subject of much judicial and academic debate in recent years: How does Title VII’s prohibition on discrimination “because of . . . sex” apply to claims of LGBT discrimination? Perhaps unsurprisingly, the court was…
Common-Law Agency Principles, Not DOL Regulations, Dictate Whether Company Is a Joint “Employer”
The Eleventh Circuit considered the meaning of “employer” in the context of the H-2A visa program and declined to apply Chevron deference to a then-prevailing Department of Labor interpretation. The court instead applied common-law agency principles. Garcia-Celestino v. Consolidated Citrus Limited Partnership, 2016 WL 7240150 (Dec. 15, 2016), involved claims brought by a group of…
District Court Improperly Excluded Co-Worker’s Affidavit in Granting Summary Judgment to Employer on Sex Discrimination Claim
In a published opinion in Furcron v. Mail Centers Plus, LLC, 2016 WL 7321211 (Dec. 16, 2016), the Eleventh Circuit reversed the district court’s grant of summary judgment to the defendant on the plaintiff’s sex discrimination claim and affirmed the district court’s grant of summary judgment to the defendant on the plaintiff’s retaliation claim. On…
Revised Opinion Issued After EEOC Seeks En Banc Review of “Dreadlocks” Decision
As we reported here, the Eleventh Circuit rejected a claim for intentional racial discrimination against an employer that had banned “dreadlocks” from the workplace in EEOC v. Catastrophe Management Solutions, 837 F.3d 1156 (11th Cir. Sept. 15, 2016). Apparently dissatisfied with that result, the Equal Employment Opportunity Commission filed a petition for rehearing en banc…