Walmart Sanctioned For Destroying Evidence in Title VII Retaliation Case

What happens if a critical piece of evidence has been destroyed—even if allegedly unintentionally and in the course of regular business? In a recent decision out of the Northern District of Georgia in a Title VII and ADEA retaliation case, the court found that the destruction of the evidence created a presumption that the stated […]

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Eleventh Circuit Reverses Summary Judgment Ruling in Discrimination Case—Reminding District Court that in Status-based Discrimination Claims, But-for Causation Not Required

This week, the Eleventh Circuit issued a ruling in Barthelus v. G4S Government Solutions, Inc., No. 13-14121 (May 27, 2014), reversing the district court’s award of summary judgment to an employer and finding that there was a material issue of fact regarding whether the employers’ grounds for termination were merely pretext. In so ruling, the […]

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EEOC Has to Pay for Unreasonably Instituting Litigation

Title VII includes a fee-shifting provision, allowing district courts discretion to award reasonable attorneys’ fees to a prevailing party. But what if the non-prevailing party is the EEOC? The Fourth Circuit recently affirmed a district court’s award of attorneys’ fees to a prevailing defendant in a case brought by the EEOC where the district court […]

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