A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit reluctantly affirmed a lower court’s decision to reject sex bias claims filed by female detention officers who – unlike their male counterparts -- were not allowed full…
Employment Law
A federal appeals court has upheld a decision to reject disability bias claims filed by a sleepwalking worker who mistakenly climbed into a co-worker’s hotel room bed during an out-of-town trip. Jennifer Harkey began working for NextGen Healthcare in 2008…
The Eleventh Circuit upheld a $300,000 award for a fired employee after a jury determined her termination amounted to disability discrimination in violation of the ADA. Due to injuries sustained in a car accident, Ashley Merard had a tracheostomy tube…
It sounds simple and straightforward, but in plenty of cases it just doesn’t work out that way: To defeat a claim of unlawful age bias, provide a legitimate, nondiscriminatory reason for the challenged job action. That’s what a Philadelphia employer…
A federal jury awarded $5.1 million to a flight attendant who was fired after she sent pro-life messages to her union president, the National Right to Work (NRTW) Legal Defense Foundation announced. The flight attendant worked for Southwest Airlines and was a…
A Texas jury has delivered one of the largest verdicts in American history in a negligent hiring case, ordering cable operator Charter Communications to pay more than $7 billion for the murder of an elderly woman who was killed by…
New York just took a huge step in protecting people in its state from sexual harassment. This new law may set a precedent and is something other states may want to pay attention to. Here’s why. All employers in New…
A recent EEOC settlement demonstrates the GINA/COVID tightrope employers must walk when it comes to complying with the requirements of the Genetic Information Nondiscrimination Act (GINA) and doing all it can to keep COVID-19 out of the workplace. Earlier this…
Another lawsuit involving Black Lives Matter (BLM) face masks has reached a federal appeals court. This time, the Third Circuit sided with employees – and blocked the enforcement of a policy that prohibited employees from wearing face masks that feature…
Employees might have health conditions that meet the definition of “disability” under federal law – but that doesn’t mean a court’s going to buy it if they say "the disability made me do it" when they break the rules. And…
Hobby Lobby is in hot water! The world’s largest privately owned arts-and-crafts retailer is being sued by the Equal Employment Opportunity Commission (EEOC) for violating the Americans with Disabilities Act (ADA). A cashier at Hobby Lobby’s Olathe, KS, store has…
The First Circuit affirmed a ruling that dismissed Title VII discrimination claims brought by employees who were disciplined for wearing face masks featuring the Black Lives Matter (BLM) slogan at work. When the COVID-19 pandemic hit in March 2020, Whole…
A professor who was not reappointed after he raised concerns relating to labor practices proved his whistleblower claim and is entitled to more than $735,000 in damages, a state court in Connecticut has ruled. After earning his Ph.D in marketing…
Who was involved: The Society for Human Resource Management (SHRM) and three HR professionals who are hearing impaired. What happened: The HR professionals are members of SHRM. They alleged the organization violated Title III of the Americans with Disabilities Act…
West Virginia’s highest court remanded age and sex discrimination claims filed by an employee who lost her job. Diane Judy started working as a commercial driver’s license (CDL) instructor for a college in 2018. That December, she expressed concerns about…
In an important new ruling, a federal appeals court ruled that Title VII’s anti-retaliation provision applies to an HR manager’s claim that her employer fired her because she provided testimony against a prior employer in a pregnancy discrimination lawsuit. Broadly…
