This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
There has been a dramatic increase in tattoos in recent years, with 32 percent of Americans having a tattoo in 2023, versus only 21 percent in 2012. Be aware that enforcing a “no visible tattoos” policy could lead to a discrimination claim if the employee says there is a religious reason for their tattoo.
In 2012, Jan experienced health problems that required her to take leave under the FMLA on two separate occasions—March to May 2011 and June to August 2012. The day she returned from leave in 2012, she was given a letter from “Cindy,” the presiding judge of Sangamon County. She can be reached at ksmithhaley@fslc.com. .
Welcome back to “ Amy Coney Barrett Week” at The Employer Handbook. I’m devoting five blog posts to some of her most significant employmentlaw decisions so that, maybe, we can read the tea leaves to see how she may rule from the Supreme Court bench if the Senate confirms her nomination. Proctor Hosp.
We all understand that filing a discrimination charge with a government agency is protected activity, but one employee recently claimed that withdrawing such a charge is also protected. On August 3, 2012, the EEOC dismissed her charge without finding evidence to support her allegations of discrimination. Background.
In 1997, the Equal Employment Opportunity Commission (EEOC) accepted 16,394 charges alleging retaliation under Title VII of the Civil Rights Act of 1964, but that number swelled to 33,082 in 2016. However, that changed after she filed a charge of discrimination with the EEOC in May 2011. The cycle continued. Not for Nancy!
3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—recently heard a dentist’s claim that her discharge constituted age discrimination. Following the committee’s second report, the dean terminated Gabby’s employment. What did the court decide? andresr / E+ / Getty Images. Bottom Line.
The following year, in his 2012 annual review, he again received a 3 rating. All employees who had received a 3 on their 2012 annual evaluation were included in the group of employees to be terminated in the RIF. Because he had received a 3 on his 2012 evaluation, Demetri was included in the employees slated for termination.
Employers were safe to move forward without worrying about whether the individual was approved to use medical marijuana or if an employee was actually impaired while at work. of screened employees testing positive for marijuana in 2018, the company says, positive results are up by more than 25% since 2012. ” With 4.4%
Was the CEO’s statement that the company wanted a “new face” enough for Peter to establish direct evidence of age discrimination? In a September 2012 report, David summarized his views that the fulfillment division’s performance needed improvement and that IT management was not at an optimum level.
On August 9 th , the Equal Employment Opportunity Commission (EEOC) announced that it reached an agreement with retailer Pier One Imports to resolve a race-discrimination charge in connection with its conduct of a background check. The release only refers to employer obligations under Title VII of the Civil Rights Act.
At the same time, you need to be aware of the legality of screening potential employees and make sure that you do not violate any employmentlaw or anti-discriminationlaw in the process. In 2012, Pepsi paid $3.13 If you are still not sure, you can consult an employmentlaw attorney.
Court of Appeals for the 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently upheld an employer’s trial court victory, providing useful guidance for employers seeking to manage difficult employees in the midst of workers’ compensation claims. Alleged Discrimination and Retaliation.
Employers haven’t seen “no-match” letters from the Social Security Administration (SSA) since 2012 but that’s about to change. In March 2019, the SSA resumed sending these letters to advise employers that information submitted on an employee’s Form W-2 doesn’t match SSA records. Erika Pickles, EmploymentLaw Counsel/HR Adviser.
Yet another example of how painful getting caught for discriminationlaw violations can be for employers: A New Jersey jury has just awarded a Lockheed Martin engineer an astonishing $51 million for discriminating against him because of his age. .
A New Jersey federal court recently declined to dismiss an age discrimination lawsuit because an employer’s failure to discipline employees in a consistent manner could be construed as evidence of discrimination. Bruce” began his employment with General Nutrition Corporation (GNC) as a sales associate in 1999.
However, Barbuto’s state (Massachusetts) has a law that directly contradicts the federal interpretation. Under The Massachusetts Medical Marijuana Act — a law that was passed in 2012 — “qualifying patients” should not be punished for medical use of marijuana. What the court said.
In fact, Miriam had telecommuted for 2 weeks in 2012 while she was recovering from neck surgery. Miriam filed suit in 2013, alleging pregnancy discrimination in violation of the Tennessee Human Rights Act as well as failure to accommodate and retaliation in violation of the Americans with Disabilities Act (ADA). MLG&W appealed.
Iowa Department of Natural Resources , effectively dismantled the definition of “disability” for disability discrimination claims. In the case, an employee was terminated because the employer didn’t believe it could reasonably accommodate his permanent workers’ compensation restrictions.
million in back pay and interest and provide additional relief to resolve allegations of systemic pay discrimination against women at its facilities in Alpharetta, GA, and Boca Raton, FL, the Department of Labor announced. That doesn’t seem to be the case, however. LexisNexis Risk Solutions will pay over $1.2
The class was essentially a primer on the basics of employmentlaw, during which I emphasized both the types of claims on which paralegals may assist clients, and the employment-law issues that the audience may encounter for themselvesat work. Image Credit: 401(K) 2012 on Flickr.
A recent 3rd Circuit Court—which covers Delaware, New Jersey, and Pennsylvania—decision raises questions about when an employment action is significant enough to constitute an adverse action within the scope of state and federal discriminationlaws. BTMU) in September 2012 at its office in Jersey City.
It involves an employee who: entered into an arbitration agreement with his employer in 2012, later signed a separation agreement in 2019 in connection with a reduction in force, and. then brought a class-action lawsuit against his employer for violating the Age Discrimination in Employment Act.
The Americans with Disabilities Act (ADA) prohibits employers from, among other things, discriminating against employees because of their disabilities. Under the ADA, discrimination includes an employer’s failure to provide reasonable accommodations for the known physical or mental limitations of employees.
An obese Chicago Transit Authority (CTA) bus operator alleged he was discriminated against when the agency refused to allow him to return to work following medical leave. Eric” worked as a bus operator for the CTA from August 1999 until February 2012. But that weighty issue of law can wait for another day, said the court.
A federal court in Rhode Island recently rejected a sergeant’s claim that the Providence Police Department’s (PPD) failure to promote him to lieutenant was illegally based on disability discrimination. On June 12, 2012, the city denied Ralph’s application for an accidental disability pension.
Winning summary judgment (a judgment in your favor without a full trial) in a disability discrimination case is rare for employers in California. During this time, Stan also certified on several occasions that he was totally disabled, and he received benefits through March 2012 for his total disability. to 10:00 p.m.,
During his employment, he took military leave 55 times and missed 2,166 hours of scheduled work. In June 2012, Larry complained to FedEx that the compensation imputed to him during his military leave for purposes of calculating his pension benefits was understated. In August 2012, Larry took military leave again.
When an employee’s Family and Medical Leave Act (FMLA) leave is just one of many factors in an adverse employment action, it’s still FMLA retaliation, a federal appeals court has ruled. 3d 622 (2012).) Any time FMLA leave is given “negative weight,” it’s illegal retaliation, the 3rd U.S. See, for example, Pagel v. TIN, Inc. ,
In late December of 2012, the EEOC approved its Strategic Enforcement Plan for 2013-2016. This priority entails targeting disparate pay, job segregation, harassment, trafficking and discriminatory policies affecting vulnerable workers who may be unaware of their rights under the equal employmentlaws, or reluctant or unable to exercise them.
The guide, found here , follows up on regulations the Fair Employment and Housing Council enacted in 2016. An employer must assess not only actual bias by the investigator but also the perception of bias (e.g., kentoh / iStock / Getty Images Plus. Preventing Harassment. every 6 months).
When a nuclear power station needed to perform its semiannual routine maintenance in 2012, Day & Zimmerman provided the needed manpower by hiring temporary craft workers, including electricians, pipe fitters, and welders. The EEOC began an investigation of Day & Zimmerman based on Stan’s charge of disability discrimination.
Background checks, terms of employment, minimum wage, laws on discrimination, and harassment are just a few of the considerations. Employment relationships are currently regulated using the 2012 Labor Code but will be supplanted by a new code coming into effect on 1st January 2021. Employment Contract.
HR professionals are all too familiar with the McDonnell-Douglas burden-shifting standard for establishing discrimination from circumstantial evidence. The employer then presents a legitimate nondiscriminatory reason for its action, and he in turn tries to prove its stated reason is merely a pretext (false excuse) for discrimination.
In October 2012, “Amelia” began working for Joseph’s Gourmet Co. She also met with Brad in person and complained about his perceived discrimination. She filed claims against Nestlé for disparate treatment discrimination, hostile work environment, and retaliation. Employer Argues Paid Suspension is Not Actionable.
In April 2012, she became angry during a shift for no reason. On September 19, 2012, Exelon informed Cathy that she had exhausted her FMLA allotment as of July 20, 2012. On October 29, 2012, Cathy’s attorney contacted Exelon to request an accommodation or extended paid leave of absence. Coal Miner’s Daughter.
Maya and Emma discussed the alleged performance deficiencies with Turner on January 7, 2012. On March 8, 2012, Turner received a written warning. He claimed that he had overheard Emma talking about him on January 31, 2012, when she allegedly said, “I wish I had never hired his black a**.”. Emma denied having made that comment.
The Americans with Disabilities Act (ADA) forbids discrimination in employment based on disability and requires employers to provide reasonable accommodations to their employees’ disabilities. In early 2012, he was assigned to develop training materials for a customer. Words of Caution.
Even if the employer can show that a criminal history inquiry is job-related/consistent with business necessity, an individual can still bring a discrimination claim if he/she can show that there is a less discriminatory effective alternative means of achieving the business necessity. The Council will hold a public hearing at 10 a.m.
Non-compliance of policies with anti-discriminationlaws. In 2012, Pepsi Beverages agreed to pay $3.13 million and provide job offers and training to resolve a charge of race discrimination, according to the U.S. Equal Employment Opportunity Commission (EEOC). Social media as a screening method.
A recent decision illustrates that not every document alleging discrimination filed with such an agency amounts to a “charge.”. She was fired on February 1, 2012. The court opinion doesn’t say why, but we assume the employer articulated a legitimate nondiscriminatory reason.). Charged Up. Sandra appealed.
The debilitating effects of those conditions forced her to take unexpected FMLA leave in February and March 2012. Elsa sued her former employer for retaliation and interference under the FMLA, discrimination in violation of the Americans with Disabilities Act (ADA), and intentional infliction of emotional distress. Marshall v.
Penny rehired most of the Strategic employees, but not “Leonard,” a well-known labor organizer who had been working at various Burger King stores for over 11 years and at the 47th Street store since early 2012. The credibility of key decision makers is critical in NLRA discrimination cases. 8th Circuit’s Opinion.
He then filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) and eventually filed a lawsuit. Mercy imposed its vaccination requirement in 2012. Fallon refused to receive the flu vaccine, asserting that it might do more harm than good. Risky Behavior. Lauren E.M.
.” There were no other issues regarding Sam’s employment until mid-2012, when he experienced respiratory problems that required him to take medical leave from June 14 to August 31. Sam took medical leave again in July 2013, claiming he was experiencing stress caused by discrimination and retaliation at work.
We organize all of the trending information in your field so you don't have to. Join 318,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content