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It’s just the most recent example of just how much emphasis HR pros should put on educating managers and executives on how to avoid age discrimination. Simers sued the paper in October 2013 after the paper first reduced and then eliminated his column. Former LA Times sports columnist T.J. Intolerable conditions.
Effective July 1, 2013, Indiana’s House Enrolled Act No. 1482 is a new law with which Indiana employers, including national employers based elsewhere that employ individuals in the state of Indiana, must comply. Employment Application Requirement & Punishment for Failure to Comply In Sec.
Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia Commons Respect to the employmentlaw bloggers, reporters, and others who wasted no time trying to read the tea leaves to predict what Judge Brett Kavanaugh’s record as a jurist would foreshadow should he ascend to the U.S. Supreme Court.
What if a manager accused of unlawful discrimination based on employees’ religion asserts that the complaint itself is an act of harassment? See how one employer successfully avoided that minefield. My Manager Discriminates Based on Religion. Survey Says. Manager Sues for Being Forced to Apologize.
The California Chamber of Commerce today released the list of new employmentlaws scheduled to take effect in 2016 or earlier that will have an impact on businesses in California. The CalChamber also reminds employers that the minimum wage increases on January 1, 2016, to $10 an hour. Discrimination/Retaliation.
Was the CEO’s statement that the company wanted a “new face” enough for Peter to establish direct evidence of age discrimination? In March 2013, the company hired “Jimmy,” an external consultant, to perform an audit of its operations. In April 2013, Peter was formally interviewed by David and another executive.
Wisconsin’s Supreme Court recently made a decision providing guidance for employers when considering domestic violence convictions on applicants’ criminal history checks. The “substantial relationship” test is an exception to Wisconsin’s rule barring employers from discriminating against an applicant based on a record of prior conviction.
3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—recently heard a dentist’s claim that her discharge constituted age discrimination. Gabby” worked as a dentist for Penn Dental Medicine from 1999 to 2013. Following the committee’s second report, the dean terminated Gabby’s employment.
Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia Commons Respect to the employmentlaw bloggers, reporters, and others who wasted no time trying to read the tea leaves to predict what Judge Brett Kavanaugh’s record as a jurist would foreshadow should he ascend to the U.S. Supreme Court.
The court found an employee’s complaint contained sufficient allegations of discrimination based on her disability and her use of medical leave to move forward toward trial. In late 2013, Allison was diagnosed with lung cancer. The court disagreed and reinstated Allison’s disability discrimination claims.
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!
He took leave under the Family and Medical Leave Act (FMLA) for his keratoconus four times between August 2010 and his termination in April 2013. In March 2013, MITRE became concerned about the debilitating effect that a potential government sequestration would have on its operations. Court’s Decision.
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.
When this employer rolled out its parental leave policy a few years ago, it probably never imagined it would be facing an EEOC discrimination lawsuit by one of its employees. The EEOC filed a discrimination lawsuit against Estee Lauder Companies Inc. But that’s just what happened to one of the biggest names in cosmetics.
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.
Miriam,” an employment lawyer who worked for Memphis Light, Gas & Water Division (MLG&W) in Tennessee, experienced serious complications during her pregnancy in 2013. Burke, an editor of Ohio EmploymentLaw Letter , can be contacted at rburke@porterwright.com or 513-369-4236. MLG&W appealed.
Employers feared that disability discrimination cases would skyrocket after Congress passed the ADA Amendments Act a few years ago. And the cost of the latest disability discrimination settlement: almost $1.6 Those fears are being realized. million. . Ignored doctor’s reports.
She started on April 23, 2013, and as a new hire, she was placed on a probationary period of 90 days. On July 8, 2013, she e-mailed her supervisor and stated that she was bi-polar (which was news to the employer) and that she had to see her psychiatrist “ASAP.”. Off the Hook on Discrimination, Not Reasonable Accommodation.
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.
As a perpetual practitioner of employmentlaw, several aspects of the story told in Bikram resonated with me, particularly given the #MeToo moment through which we are living. Beginning in 2013, however, there was a “reckoning” (to borrow the title of the fifth and final episode of Bikram ). Source: fizkes / iStock / Getty.
What the heck does Don Mattingly have to do with employmentlaw? In 2013, the Equal Employment Opportunity Commission filed suit on behalf of Chastity Jones, a black job applicant whose offer of employment was rescinded by. In 2014, an Alabama federal judge dismissed the EEOC’s race-discrimination claims.
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. Peter gave Jose his annual performance evaluation in April 2013.
7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—recently decided an interesting and complex case involving allegations of age discrimination. The 7th Circuit found the county hadn’t engaged in any form of discrimination, including disparate impact or disparate treatment discrimination. Background.
So, what then does one make of this story from EmploymentLaw 360 , describing a recent lawsuit the EEOC filed against Georgia medical practice? Associational disability discrimination claims are rare, yet dangerous. Related Stories The most expensive bottle of orange juice ever Can you require flu shots for your employees?
An AT&T customer service representative (CSR) recently filed a lawsuit against her employer citing disability discrimination, but the employer, citing attendance as an essential job function of her position, claimed she was terminated for her frequent absences. Was the employee discriminated against?
Here’s what I read this week (and last week): Discrimination Cancer and the Workplace: Tips for Employers and A Thanksgiving to Remember: When Cancer Strikes — via Dan Schwartz’s Connecticut EmploymentLaw Blog Do you have a “ super” anti-harassment contract with your employees? —
Based on the courts findings, the chaplain could then proceed with a disability discrimination claim against the racecourse. Howard was terminated by Keeneland in September 2013. Since only employees can seek relief under the Kentucky Civil Rights Act (KCRA), the trial court dismissed his discrimination lawsuit.
On March 25, 2013, Amelia informed Brad that she was pregnant. Before her announcement, Brad had sent her laudatory e-mails, including a February 2013 e-mail thanking her and a coworker for making Joseph’s “a better company.” She also met with Brad in person and complained about his perceived discrimination.
Equal Employment Opportunity Commission — a key employment case that addresses whether a court may enforce the EEOC’s duty to conciliate discrimination claims before filing suit, legal experts say. Then, in 2013, the U.S. discrimination EEOC employmentlaw HR profession' Gerald Maatman Jr.,
6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard from a former Home Depot manager, claiming that he was discriminated against based on a “perceived” disability. Was this a case of disability discrimination? Sherman” worked as a store manager for Home Depot in Louisville.
Attorney General Jeff Sessions’ action rescinding an Obama administration policy on marijuana enforcement may signal a tougher stance against the substance, but it isn’t expected to have a major impact on employers. On January 4, Sessions rescinded the “Cole memo,” which was issued by then-Deputy Attorney General James Cole in 2013.
7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—recently issued a decision sending a race discrimination case back to the district court for trial. Troy” was hired as a police officer by then-Sheriff “Aries” on August 5, 2013. At the time, the sheriff offered three reasons for his termination.
The number of companies maintaining a corporate presence on social media rose from 34% in 2008 to 77% in 2013 according to SHRM Survey Findings: Social Networking Website and Recruiting/Selection. partner with the law firm of Faegre Baker Daniels LLP., Garrison , Esq.—partner Adopt a social media policy or guidelines.
He claimed his symptoms worsened significantly in 2013 and 2014 and limited his ability to sleep, concentrate, engage in social interaction, and use his hands. Clark had a generally positive relationship with WCCS until late 2013, when the long-serving president of the board died and was replaced by “Jack.” Court’s Decision.
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.
“I want to blog about this important, brand new medical marijuana employmentlaw decision. This is a burgeoning area of the law, and this particular decision will enlighten my readers like few others I’ve written about.” Don’t get smoked like this employer. (I Image Credit: Pixabay ([link].
In its 11th annual Workplace Class Action Litigation Report , Chicago-based labor and employmentlaw firm Seyfarth Shaw does a bit of both. Employmentdiscrimination and wage-and-hour class-action settlements remained flat, however.). EEOC employmentlaw HR profession wage-and-hour'
Dale Langford worked as a car salesman at Bell Motors, LLC, a dealership in Phoenix, from February to October 2013. On Sunday, September 1, 2013, Bell’s desk manager, Neil Lyons, told Langford and other salespeople to make unsolicited calls to prospective customers. He resigned his position a few days later, on October 1, 2013.
What the heck does Don Mattingly have to do with employmentlaw? In 2013, the Equal Employment Opportunity Commission filed suit on behalf of Chastity Jones, a black job applicant whose offer of employment was rescinded by. In 2014, an Alabama federal judge dismissed the EEOC’s race-discrimination claims.
The commission, which enforces federal nondiscrimination laws, says it faced budget issues and staff losses, but also “pursued a targeted and coordinated effort to more effectively address persistent retaliation, pay discrimination, and harassment.”. EEOC did, however, make progress on reducing its charge backlog. Charge Statistics.
Elsa again went out on FMLA leave in March 2013 and took intermittent FMLA leave from April through August. On one occasion after she returned to work in September 2013, “Sawyer,” her second-level supervisor, noticed that she and a coworker were away from their desks for much of the day. dismissal without a trial), and Elsa appealed.
Throughout her employment at SCPMG, she suffered from chronic sinusitis. In October 2013, Emma requested, and SCPMG granted, a leave of absence for a surgery she needed because of changes in her sinus tumor. On December 16, 2013, she returned to work without any work restrictions. Disparate Treatment Discrimination.
The federal trial court in Aberdeen recently declined to dismiss an employee’s wrongful termination claims under the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). His condition resulted in his need for leave and another surgical procedure in 2013.
.” 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.
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