Finding a school district failed to prove a fired teacher committed willful misconduct, a Pennsylvania court affirmed a ruling that determined the teacher was not ineligible for unemployment compensation (UC). The school district in this case had an employee code of conduct that, among other things, prohibited inappropriate comments to colleagues and teachers. In August […]
Race bias claims can be based on inadequate training, a new ruling from the U.S. Court of Appeals for the Fifth Circuit says. In this case, however, the employee lost his race bias claim because he did not prove his claim that he was provided inferior training based on his race. Omar Rahman, who is […]
The duty of employers to accommodate disability under the Americans with Disabilities Act (ADA) doesn’t begin with a new worker’s first day on the job. Instead, it also fully applies during the hiring process. What steps should employers take to make that process as smooth as possible while staying on the right side of the […]
A Georgia appeals court revived a former employee’s breach of contract claim against her former employer. Here’s why she got a second chance to prove her claim in court. In 1999, Sandra Sigmon was hired as a teacher for the DeKalb school district. After the 2016 school year, she resigned. Two years later, Sigmon applied […]
A teacher who was prohibited from wearing a MAGA hat at training sessions will proceed with a First Amendment lawsuit following a ruling by a federal appeals tribunal. The case highlights a basic but critical distinction between public and private employment – and employee rights to freedom of expression that attach to each. Eric Dodge […]
Race discrimination is bad enough, but an Oklahoma-based company recently learned the hard way that adding a retaliation mistake on top of that can lead to hefty settlements. American Piping Inspection, Inc. has agreed to pay $250,000 to settle a race-based discrimination and retaliation lawsuit filed by the EEOC on behalf of a Black employee […]
Employers have a legitimate interest in preventing FMLA abuse. But of the tools at their disposal to fight that fight, is conducting surveillance on employees one they should use? The short answer: Surveillance is perfectly fine as long as there is good reason for it – and it’s not used to retaliate or interfere with […]
Work-from-home arrangements were always a potential accommodation under the Americans with Disabilities Act (ADA), and they became generally more prominent when the now-lingering pandemic first hit. But despite their proliferation, some employers are continuing to run into trouble when it comes to permitting work-from-home schedules. A case in point: The Equal Employment Opportunity Commission (EEOC) […]
JDKD Enterprises, the owner/operator of several McDonald’s franchises in New Jersey, has agreed to pay $100,000 to settle a lawsuit filed on behalf of an autistic employee. The EEOC claimed the franchisee fired an employee who worked at several McDonald’s locations over a 37-year period because he has autism. The suit further alleged that the […]
Employers who find themselves in the midst of a labor practices probe by the feds have the right to prepare to defend themselves, including by talking to their employees. But as a new ruling from the federal National Labor Relations Board (NLRB) confirms, they can only go so far in doing so – and crossing […]
Iowa’s highest court ordered a school district to reinstate a fired teacher who had been placed on a performance improvement plan (PIP) and remanded her case to the district court for further proceedings. After receiving an unsatisfactory classroom evaluation, a Spanish teacher was put on a performance improvement plan (PIP) as required by Iowa law. […]
The Seventh Circuit affirmed the dismissal of a white employee’s reverse discrimination claim. William Groves is a white athletic director who worked at the district for years. In 2017, he applied to serve as Corporation Director of Athletics. The superintendent, who is Black, interviewed four applicants. Groves was one of the candidates. But Groves “interviewed […]
UPDATE: As expected, President Biden has signed the Speak Out Act into law, ushering in a new era of protection for victims of sexual misconduct who are subject to nondisclosure and/or non-disparagement agreements in connection with their employment. The new law, which is effective as of the December 7 signing date, renders judicially unenforceable all […]
Terminations can be tricky – especially when an employee has recently been out on medical leave. Case in point: A company fired an employee four days after she returned to work from a medical leave due to a head injury she suffered at a work event. She signed a separation agreement — and then she […]
An employee who survived the recent mass shooting at a Virginia Walmart has filed a negligence lawsuit against the company. Donya Prioleau has been employed as a Walmart associate since May 2021. She worked the overnight shift and was responsible for restocking items. Her lawsuit provides her account of what happened on Nov. 22, the […]
Requests for accommodation on religious grounds can come up in some unusual ways. Exhibit A: In a recent case, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit on behalf of a Buddhist airline pilot who balked at his employer’s requirement that he attend Alcoholics Anonymous (AA) meetings before returning to work. The case recently […]
