Skip to main content

Employment Law

733 items

Worker can’t sue for bias based on wife’s pregnancy

A former employee in New York failed to state a cause of action under Title VII, as amended by the Pregnancy Discrimination Act (PDA). He claimed harassment and discrimination based on his wife’s pregnancy. A federal district court in New York rejected an ex-employee’s pregnancy bias claim against Disney Streaming Services (DSS). The employee is […]

Accused of favoring Hispanics, employer pays $200K

A California-based ice cream company will pay $200,000 and take other steps to settle a lawsuit that accused it of engaging in national origin discrimination by illegally favoring Hispanic job applicants over others. The Equal Employment Opportunity Commission filed a lawsuit against Fresno-based Helados La Tapatia, which produces Mexican-style desserts. The agency’s suit accused the […]

Religious Accommodation Dispute: Walmart Wins EEOC Lawsuit

The case presents a classic question: How far must employers go to provide religious accommodations for applicants and employees? Score one for employers on this one. The U.S. Court of Appeals for the Seventh Circuit decided that Walmart did not violate Title VII when it withdrew a job offer after the applicant for a managerial […]

Fired for reporting safety issue? Feds file suit

The U.S. Department of Labor has sued a hotel operator in Texas. The suit says a worker was fired for reporting a safety issue and seeking medical attention. According to the Department of Labor, in January 2019 an employee at a Holiday Inn Express & Suites hotel in Waller, Texas, told the hotel that they […]

Forced prayer meetings? That’ll cost employer $375K

A medical practice and the physician who ran it have been hit with a $375,000 judgment in a federal lawsuit that accused the defendants of subjecting employees to a religiously hostile work environment. The suit also said the defendants retaliated against employees who objected to required religious practices.  The Equal Employment Opportunity Commission (EEOC) accused […]

Time’s up: No more rounding of hours for meal periods in this state

California’s highest court has ruled that employers in that state cannot engage in the practice of rounding time punches when it comes to meal periods. The court also ruled that time records showing noncompliant meal periods raise a rebuttable presumption that the employer has violated state law with respect to meal periods. Don’t Do It […]

Can you fire someone for saying ‘All Lives Matter’?

Racial tensions continue to run high, and employers must always be mindful of how they can spill over into the workplace.  In a newly filed lawsuit, a long-tenured realtor in Michigan is alleging that his broker wrongfully terminated his contract after he posted a Facebook comment that said, in part, “All Lives Matter.” In 1999, […]

Fired because wife was disabled? No problem, court says

Kentucky’s highest court held that the state’s civil rights act does not prohibit employers from discharging employees based on their association with an individual who has a disability. It’s clear that discriminating against applicants and employees based on their disability violates the law. But when it comes to associational discrimination – that is, discrimination based […]

These job interview comments did not show illegal age bias, court rules

What kind of statements are sufficient evidence of unlawful discrimination based on age? How about a description of an employee as a “later career person”? Or an employer’s statement that it is looking for a “high energy person” to fill a particular position? In a new decision from the U.S. Court of Appeals for the […]

Feds sue after pregnant employee loses new job

A new lawsuit filed by the Equal Employment Opportunity Commission (EEOC) accuses a hospital operator of violating the Americans with Disabilities Act (ADA) by withdrawing a job offer after a new employee developed pregnancy-related complications. Taylor McKay applied for a job as an EMS dispatcher with St. Clare’s Health, which provides medical services in New […]

Federal appeals court backs employer on key ADA issue

The U.S. Court of Appeals for the Seventh Circuit delivered a very employer-friendly ruling in an ADA case involving an injured employee. The decision provides favorable news for employers regarding the duty to extend reasonable accommodations under the ADA. Paula McAllister was a machine operator for Innovation Ventures, LLC. In early June of 2016, she […]

NLRB backs employer’s restrictions on social media use

How much control do employers have over their employees’ use of social media? Different considerations are relevant depending on whether the employer is public or private. In a recent ruling, the National Labor Relations Board (NLRB) decided that a private employer did not improperly interfere with the rights of its employees when it imposed several […]

Employment handbook cuts time to sue — Can you do that?

Employment handbooks are a valuable tool for employers and can be used to set some employer-friendly terms. But there are lines that can’t be crossed. The U.S. Court of Appeals for the Sixth Circuit recently ruled that an employer went too far when it incorporated a handbook provision that said employees had to file all […]

Ex-Worker Sues For Unused PTO: Does Company Have to Pay?

For some employees, unused PTO can really pile up. So when an employee leaves and is sitting on a big number of unused hours, the question of whether that employee is entitled to be paid for the unused PTO can implicate a significant figure. So must the employee be paid for that time? A decision […]

Company owes $375K for firing pregnant employee

Firing an employee right after she reveals she’s pregnant is a surefire way to get the EEOC’s attention. Seattle-based company Oatridge Security Group was sued by the EEOC after dismissing an employee solely because of her pregnancy. According to the lawsuit, the employee shared with her manager that she was expecting and would need maternity […]