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A federal judge in Aberdeen, Mississippi recently heard an employee’s claims that she was rescheduled to the graveyard shift as a result of discrimination and that she had been subjected to a hostile work environment. To state a claim for discrimination, an employee must demonstrate that she suffered an adverse employment action.
This year’s legislative session ended with a flurry and, as usual, hundreds of bills were sent to California Governor Newsom’s desk, many of which impact employmentlaw. Leaves of Absence Governor Newsom signed SB 616 , a major expansion of the state’s paid sick leave (PSL) law, the Healthy Workplaces, Healthy Families Act of 2014.
CalChamber’s employmentlaw experts have wrapped up their analysis of the employment-related legislation that California Governor Gavin Newsom signed into law in 2023 and summed it up in the free Your Guide to 2024 California EmploymentLaws white paper. CalChamber members can access the white paper here.
Charlie contended that as a result of his workplace stress, he had a panic attack while he was driving and got into a car accident in February 2014. The ADA forbids a covered employer from discriminating against a qualified individual on the basis of a disability with regard to the terms, conditions, and privileges of his employment.
In 2014, The Atlantic estimated that more than half the employees at startups were under 30. Being fresh and full of ideas may be good for generating new products, but a lack of experience (and a lack of confidence to stand up for what should be done) can get a company into serious employmentlaw trouble.
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 this episode of The Workplace podcast, CalChamber employmentlaw experts Matthew Roberts and James Ward discuss the National Labor Relations Board (NLRB) ruling in Stericycle, Inc. and Teamsters Local 628, and how it affects California employers’ workplace rules and handbooks. Stericycle, Inc.
CalChamber’s all-in-one 2023 California and Federal Labor Law poster combines the 18 separate state and federal employment notices that California employers must post, and reflects the required updates for the new year.
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 April 2014, CT scans showed that Allison might have additional cancer, prompting her to ask how much FMLA leave she had left. as a warehouse manager.
The state of New York also considers medical marijuana patients as “disabled,” affording protections from state disability discriminationlaws and limits employer actions. . There are some safety-sensitive exceptions. Pennsylvania (Specifically the city of Philadelphia).
This decision largely restores the right for employers to restrict the use of company email for non-business purposes, reversing the 2014 Purple Communications decision. Employers should consult with legal counsel if they have any concerns regarding their email/IT resources policies.
District Court in Norfolk, Virginia, drives this point home—and reminds employers to train managers and supervisors on discrimination and sexual harassment in order to avoid these types of lawsuits in the future. She has been at BLR since 2014. Most recently, she graduated in 2014 with a MS of Educational Technology.
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.
Think the feds aren’t serious about enforcing laws against disability discrimination? Equal Employment Opportunity Commission (EEOC) announced the consent decree, which was approved by U.S. In 2014, company revenues totaled $56.2 Check this: A recent case is going to cost home improvement retailer Lowe’s a cool $8.6
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.
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 Texas company will pay over $1 million to learn a lesson in the dynamics of hiring discrimination: You can’t avoid a bias lawsuit from one minority group by favoring another. . will pay $1,042,000 as part of the settlement of a class race and national origin discrimination lawsuit brought by the U.S. Lawler Foods, Inc.
December 2014. The gist: Ongig’s own Jason Webster broke this story on December 11, 2014 in Uber Job Ad Reveals Company Mindset. 2014 to 2019. The gist: In March 2014, CareFusion was looking for a Senior Counsel, Procedural Solutions. Uber Job Ad Reveals Company “Growth at any Cost” Mindset.
He responded by filing a lawsuit against his employer alleging that he was discriminated against in violation of the federal Americans with Disabilities Act (ADA) and Massachusetts Gen. Chapter 151B, the state law prohibiting employmentdiscrimination, including discrimination based on a disability.
What the heck does Don Mattingly have to do with employmentlaw? In 2014, an Alabama federal judge dismissed the EEOC’s race-discrimination claims. ” “Discrimination on the basis of black hair texture (an immutable characteristic), is prohibited by Title VII.” However, EEOC v.
He later sued, alleging that he was discriminated against because of his race and that “nonminority employees” were treated differently after being involved in similar incidents. As a result, his race discrimination claim failed. 13-3852, 2014 U.S. March 31, 2014). ArcelorMittal LaPlace, LLC, No. Jennifer L.
With the end of the year drawing nigh, today’s post will be my last of 2014 (barring any hot-off-the-presses breaking news). via Eric Meyer’s The Employer Handbook Blog Do You Hear What I Hear? via Eric Meyer’s The Employer Handbook Blog Do You Hear What I Hear? Accent Discrimination in the Workplace. —
In its 11th annual Workplace Class Action Litigation Report , Chicago-based labor and employmentlaw firm Seyfarth Shaw does a bit of both. The 844-page report, available here , analyzed 1,219 class-action rulings on a circuit-by-circuit and state-by-state basis to “capture key themes from 2014 and emerging trends facing U.S.
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.
This week, they made their complaint official, filing a federal wage discrimination charge with the EEOC. . And the men’s team earned $9 million in the 2014 World Cup for losing in the round of 16, while the women made $2 million when they won the 2015 championship. Last summer, after their World Cup win, members of the U.S.
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?
Like California anti-discriminationlaws, federal anti-discriminationlaws make it illegal to retaliate against applicants or employees who complain about discrimination on the job, participate in an employmentdiscrimination proceeding (such as an investigation or a lawsuit) or engage in other “protected activity.”.
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? —
“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].
Based on the courts findings, the chaplain could then proceed with a disability discrimination claim against the racecourse. In April 2014, he filed a motion asking the trial court to decide whether he was Keeneland’s employee or an independent contractor and whether his termination was discriminatory. He appealed that decision.
According to the Employment Development Department (EDD), young veterans may need particular assistance transitioning into civilian life. In 2014, the unemployment rate for California veterans under the age of 35 was 13.7 Gail Cecchettini Whaley, CalChamber EmploymentLaw Counsel/Content.
One of those warnings occurred on April 21, 2014, for arriving to work 1 hour late, and that was followed by a second warning on May 5 for arriving 15 minutes late. He also assisted with bringing unfair labor practice charges against the store in May 2014. Penny was aware of those activities. 8th Circuit’s Opinion.
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. Nine months later, on May 15, 2014, he was fired. Sarah Bowers, a contributor to Indiana EmploymentLaw Letter , can be reached at sarah.bowers@faegrebd.com.
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employmentlaw cases and regulatory actions with implications for the higher ed workplace. The trustee’s tenure at Houston Community College was from 2014 to 2019, and the boards decision to censure him was for his conduct in 2018.
When disciplining a pregnant employee, a little bit of caution goes a long way toward limiting charges of pregnancy-bias discrimination. Back in 2014, she took maternity leave and then returned to work. Meanwhile, Elizabeth sued, alleging pregnancy discrimination. Shortly after, she earned a promotion. It tossed out her lawsuit.
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).
The commission has alleged that the employee was protected by the law’s prohibition on discriminating against employees “regarded as” disabled. So it’s not immediately clear that the ADA applies, according to Jo Ellen Whitney , a senior shareholder at Davis Brown and an editor of the Iowa EmploymentLaw Letter.
Even if the state is in a “state of emergency,” labor laws still apply. So, while this technically was bad for morale, it’s still perfectly legal—so long as there are no other employmentlaws being violated, such as discrimination. She has been at BLR since 2014.
The EEOC claimed the company had discriminated against pregnant workers by subjecting them to different working conditions—and also told the workers they would not have been hired had the company known about their pregnancies. Even if you have no intention of discriminating, employee pregnancies can be tricky from a legal standpoint.
In April 2014, Virginia-based Brink’s, Incorporated, hired “Howard” as its global head of fleet. Howard immediately pursued administrative charges against Brink’s with the Equal Employment Opportunity Commission (EEOC). and an editor of Massachusetts EmploymentLaw Letter. Suspicious Timing for PIP?
The move comes on the heels of the findings in an anonymous employee survey which revealed many female employees have experienced gender discrimination, as well as sexual harassment. The final outcome of this equal pay lawsuit could have implications for employers of all stripes, so we’ll keep you updated. Not over yet. What’s next?
The California Chamber of Commerce is helping employers build their HR muscle at several topic-packed training sessions around the state that focus on the employment life cycle. Policies and best practices. Registration. Registration information for the seminars is available at www.calchamberstore.com.
Every year, claims of retaliation top the list of the most frequent charges filed with the EEOC, accounting for almost 43 percent of all claims filed in 2014. Retaliation claims also led employment complaints received by the Department of Fair Employment and Housing in 2014 (12,344 complaints). Not a member?
Every year, claims of retaliation top the list of the most frequent charges filed with the EEOC, accounting for almost 43 percent of all claims filed in 2014. Retaliation claims also led employment complaints received by the Department of Fair Employment and Housing in 2014 (12,344 complaints). Not a member?
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