Skip to main content

Employment Law

733 items

Employer pays $40K to settle pregnancy bias suit

A Mississippi staffing agency will pay $40,000 and take other steps to resolve a federal government lawsuit that alleged pregnancy bias. The suit accused the employer of illegally discriminating against a job applicant based on her pregnancy.  The Equal Employment Opportunity Commission (EEOC) suit targeted Labor Source, L.L.C., which does business as Wise Staffing. According […]

Employee: I was fired for complaining about shoddy COVID-19 measures

A judge said the “alleged spread of a contagious disease” among jail staff and inmates is a matter of public concern. So the judge has refused to dismiss a fired corrections employee’s First Amendment claim.  The employee had issues with her employer’s pandemic response. The court also found a whistleblower claim can go forward. Union […]

Is late payment a ‘minimum wage’ violation? Court says …

Under California law, employers must immediately pay discharged employees all the wages they have earned. Employees who quit without providing prior notice must be paid all wages earned within 72 hours. If at least 72 hours of notice is provided, an employee who quits is entitled to all wages earned at the time of quitting. […]

Suit paints ugly picture of anti-Muslim bias at work

A new lawsuit accuses a Cedar City, Utah, car dealership of violating Title VII by engaging in religious discrimination. The suit says the dealership denied a Muslim employee religious accommodations. It also says the dealership fired the employee because he complained.  Automotive technician Allan Goodson alleges that his manager denied his request to take two […]

Employee flunks drug test — then collects six-figure payout

Be careful how you respond if an employee flunks a drug test.  The Equal Employment Opportunity Commission (EEOC) just resolved a lawsuit it filed against an employer. It had accused the employer of responding to an employee’s two positive drug tests in a way that violated the Americans with Disabilities Act (ADA). The EEOC sued […]

Lower Court Ordered Arbitration Too Soon, Appeals Court Rules

A fact issue existed as to whether an employee accepted an agreement to have any employment-related dispute resolved via arbitration. Therefore, a lower court wrongfully compelled arbitration of his race and age discrimination claims. That’s what a new ruling from the U.S. Court of Appeals for the Sixth Circuit says. Timothy Boykin is a 73-year-old […]

Transgender employee says response to harassment fell short

The U.S. Court of Appeals for the Sixth Circuit rejected hostile work environment and retaliation claims. A transgender city worker filed the claims. The appeals court affirmed a lower court’s decision that the employer’s response to harassment against her was consistent with Title VII requirements.  While working for the city of Detroit, Jane Doe began […]

Employee has asthma: What accommodations are required?

A Florida federal court tossed disability discrimination claims a former employee filed. Bungornluck Rodda has asthma. She worked at the University of Miami as an administrative assistant beginning in July 2007. She was let go in November 2017. The university said it terminated Rodda during a departmental reorganization. Rodda sued, alleging she was really fired […]

2 big new ADA rulings back employers on job accommodation

Let’s get right to the heart of these two new employer-friendly federal appeals court rulings on the important subject of reasonable accommodation under the ADA.  First, an accommodation request that conflicts with a federal safety regulation need not be provided. And second, the ADA does not obligate employers to create new positions to accommodate an […]

Feds: Fingerprint requirement was religious discrimination

A new lawsuit says an employer illegally discriminated against an employee based on his religion when it refused to accommodate his request not to be fingerprinted.  The Equal Employment Opportunity Commission (EEOC) filed the suit on behalf of an employee of AscensionPoint Recovery Services, LLC. That is an estate and probate debt recovery company that […]

Employee sues: Why employer’s insurance was no help

When employers need to make that call to their insurers to defend a claim against them, they have to hope that some sort of policy exclusion does not act as a bar to coverage for the claim raised. Unfortunately for the employer involved in this case, that’s exactly what happened. Young Employee Works Late In […]

He was hurt before: Can he still get workers’ comp benefits?

South Dakota’s highest court issued a ruling in favor of a worker who sought to recover workers’ compensation benefits.  A construction worker had a history of back injury dating back to 2010. He said the injury resolved after two back surgeries in 2011, but medical records showed he had an injection in 2012 and that […]

Teacher’s comments spook district: Did nonrenewal violate ADA?

A school district did not violate the law when it chose not to renew the employment contract of an art teacher with major depressive disorder, the U.S. Court of Appeals for the Eleventh Circuit ruled. An art teacher had major depressive disorder. Another teacher reported that the teacher with the disorder had discussed six different […]

Did supervisor’s anti-union comments violate labor law?

Under the National Labor Relations Act, employers cannot interfere with or restrain employees in the exercise of their rights under the statute.  At the same time, the law does not prevent employers from expressing opinions, so long as there is “no threat of reprisal or force or promise of benefit.” In this case, a federal […]

When customers harass employees: Employer pays $250K

Did you know that employers can be held liable if a customer harasses an employee? A personal care services provider will pay $250,000 to end a suit. The suit accused it of allowing caregivers to be harassed. It also said it retaliated against them when they complained. The Equal Employment Opportunity Commission sued Joyvida, LLC. […]