A claim of retaliation can be successful even when the original claim of discrimination based on race, color, sex, religion, national origin, age, disability, or genetic information fails to establish a violation of law....more
“Claims of sexual harassment typically involve the behavior of fellow employees. But not always,” said a federal appeals court in Gardner v. CLC of Pascagoula, LLC. The case shows employers must take employee complaints of...more
3/29/2019
/ Anti-Harassment Policies ,
Appeals ,
Civil Rights Act ,
Complaint Procedures ,
Customers ,
Dementia ,
Dismissals ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Healthcare Workers ,
Hostile Environment ,
Jury Verdicts ,
Non-Employees ,
Nursing Homes ,
Oral Complaints ,
Patients ,
Physical Abuse ,
Reasonably Foreseeable ,
Restaurant Industry ,
Reversal ,
Risk Mitigation ,
Severe and Pervasive ,
Sexual Assault ,
Sexual Harassment ,
Title VII ,
Workplace Safety ,
Wrongful Termination
Employers often have policies that require applicants or employees to disclose the lawful use of prescription drugs that could impair job performance or potentially pose a safety concern. If you’re one of those employers, you...more
8/21/2018
/ Americans with Disabilities Act (ADA) ,
Damages ,
Disability Discrimination ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Prescription Drugs ,
Reasonable Accommodation ,
Settlement
Some companies may believe that projecting a youthful and energetic image is important to their brand. Two recent court cases, however, show that employers who focus their hiring policies and practices too much on young...more
5/1/2017
/ ADEA ,
Age Discrimination ,
Consent Decrees ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Hiring & Firing ,
Job Applicants ,
Millennials ,
Recruitment Policies ,
Settlement
Recent developments in the area of transgender rights should put employers on notice that government agencies are serious about eliminating this type of discrimination.
DOJ steps in to sue university in Oklahoma...more
In employment law, including association discrimination cases, timing is everything.
When Terry Booker was fired from his job of 22 years at Delfasco, a manufacturing facility in Greene County, Tennessee, in March 2012,...more
5/6/2015
/ Americans with Disabilities Act (ADA) ,
Associational Retaliation ,
Discrimination ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Medical Expenses ,
Retaliation ,
Self-Funded Health Plans ,
Wrongful Termination
The Sixth Circuit Court of Appeals revived an Americans with Disabilities Act (ADA) suit brought on behalf of an ex-Ford Motor Company worker, showing that courts are warming to telecommuting as an ADA accommodation. As a...more
The issue: Under the Americans with Disabilities Act, can an employer force an employee with a disability to compete for an open position?...more