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Employment Law

733 items

Employee opposes rainbow flag, gets fired: Was it discrimination?

An employee sued for religious discrimination after he was fired for posting a comment on the company’s intranet about its rainbow flag display in observance of Pride Month. Here’s what happened: The longtime employee, Daniel Snyder, was filling out the company’s first engagement survey seeking feedback about ways the company could improve. Snyder was told […]

Emerging trend: Bereavement leave covers reproductive losses

A new twist on bereavement leave has been gaining steam – and companies in Illinois will soon be required to provide it under state law. Gov. J.B. Pritzker recently signed the Family Bereavement Leave Act, which expands the definition of a “covered family member” under the Child Bereavement Leave Act. Moreover, the amended legislation also […]

Dispute over pronouns: Employer pays $400K to end lawsuit

After facing workplace discipline for refusing to use the preferred pronouns of a transgender student, a professor sued his employer. In 2016, Shawnee State University informed faculty members that they had to refer to students by their preferred pronouns. Further, it also said employees would be disciplined if they “refused to use a pronoun that reflects […]

‘Clean Slate’ laws are taking hold: Colorado joins list

Colorado has joined a growing list of states that have passed what are known as “Clean Slate” laws, lending momentum to a trend that is likely to see additional states follow suit — perhaps in the near future. Gov. Jared Polis signed Colorado’s Clean Slate Act into law at the end of May. According to […]

New EEOC suit: Denial of lateral transfer was age bias

Unlawful age bias takes many forms. More typically and obviously, age bias claims are triggered by obviously adverse job actions, like a termination or demotion. But not always. In fact, even what some may view as a seemingly benign job action can support a claim of illegal age bias when an improper motive can be […]

Good news: Clarification on multi-employer worksites

Employment law can get murky, especially when you’re talking about the multi-employer worksite doctrine. While this doctrine doesn’t apply to every employer it does apply to those in construction, manufacturing and other industries. So, it’s best to stay on top of any updates, like the recent ruling on Secretary of Labor v. Summit Contracting Group. But […]

New ruling shows limits of religious accommodation duty

A new decision from a federal appeals court demonstrates the limits on the duty of employers to extend religious accommodation to employees under Title VII. The U.S. Court of Appeals for the Third Circuit ruled that the postal service was not required to excuse an employee from working on Sundays because doing so would have […]

NLRB sues Starbucks over employee handbook policies

Heads up, employers. The National Labor Relations Board (NLRB) is suing coffee giant Starbucks over many of its employee handbook policies, alleging the company has “overly-broad and discriminatory rules.” And you’ll want to make sure you don’t have any of the questionable policies in place … or the NLRB could be scrutinizing you next. Objectionable […]

Suit: Employer fired worker for complaining about porn at work

How much porn is OK to watch at work? We hope your policy is zero.  And as the following suit shows, the reasons for taking that policy seriously don’t just include cutting down on distractions and keeping the focus on work. They also include protecting your agency from a lawsuit. A former police sergeant in […]

Employee says she was included in layoff because she has diabetes

A federal appeals court revived a former employee’s claim that her employer violated the ADA. She said it laid her off because she has diabetes. In late March of 2018, Apache Industrial Services, Inc. hired Arlicia Gosby to work as a scaffolding helper at an Exxon plant in Texas. Before she started, Gosby had to […]

Not-so-happy birthday: Employer pays $450K after surprise party mishap

A recent court decision teaches employers a strange (but important) lesson: Don’t throw an employee a birthday party if they don’t want one. One company did this — and ended up paying the employee $450,000. Here’s what happened. ‘Somber’ reaction Kevin Berling worked at Gravity Diagnostics in Covington, KY, for about 10 months before his […]

Transgender employee wins big jury verdict: Here’s why

A transgender employee of the Iowa Department of Corrections recovered a six-figure jury verdict. He claimed his employer violated state law by denying him health insurance benefits and access to certain facilities at work. In 2009, Iowa’s Department of Corrections hired Jessie Sue Vroegh to work as a registered nurse at the Iowa Correctional Institute […]

DOJ guidance on opioid use disorder and ADA

The amount of people struggling with opioid addictions continues to grow in the U.S. at an alarming rate. And the Department of Justice (DOJ) is ready to do battle with its comprehensive action plan that includes enforcing the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against people in recovery from opioid use disorder […]