Employment Law Briefing

ELB

Showing 1–16 of 258 results

  • ADEA case pivots on communication attempts

    July / August 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 566

    Abstract: In a recent Third Circuit case, an employee had to show that her employer’s proffered reasons for terminating her were pretext for age and disability discrimination in violation of the ADEA and the Rehabilitation Act. But the employee never asked to return to work, nor did she ask for or was denied a work-related accommodation. This article reveals the court’s decision. Tolliver v. Trinity Parish Foundation et al., No. 17-2929, Jan. 26, 2018 (3rd Cir.)

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  • How gender stereotypes contribute to sexual orientation discrimination

    July / August 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 746

    Abstract: An employee was fired for alleged misconduct with a female client. However, he claimed he was really fired because he was gay. To show that this termination was actionable under Title VII, he had to argue before the Second Circuit that discrimination based on sexual orientation is a form of sex discrimination. This article explores the issues, including related Supreme Court rulings. Zarda v. Altitude Express, Inc., No. 15-3775, Feb. 26, 2018 (2nd Cir.)

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  • Double whammy – “Sex plus age” theory is tested in court

    July / August 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 553

    Abstract: The “sex plus age” theory is a relatively new approach to arguing that an employer has discriminated against an employee. Some courts have accepted the theory, but the Fifth Circuit decision in Dawn Best v. William Johnson proves that there’s no judicial consensus. This article summarizes the case and the court’s reasoning. Dawn Best v. William Johnson, No. 17-60044, Feb. 7, 2018 (5th Cir.)

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  • Put it in writing – When employment terms factor into overtime pay eligibility

    July / August 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 914

    Abstract: When are employees exempt from overtime compensation? In a Sixth Circuit case, two workers asserted they were entitled to overtime pay according to the FLSA. This article describes how the salary-basis test, and whether the employee’s salaries were guaranteed by the employer, helped the court make its decision. A sidebar looks at a similar overtime compensation dispute. Hughes v. Gulf Interstate Field Services, Inc., No. 17-3112, Dec. 19, 2017 (6th Cir.) Anani v. CVS Rx Services, Inc., No. 11–2359–CV, Sept. 20, 2013 (2nd Cir.)

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  • Fair Labor Standards Act – DOL targets employer that uses volunteer workers

    May / June 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 574

    Abstract: Did a company using volunteer workers violate the Fair Labor Standards Act? That was the determination that initiated D.C. District Court case Rhea Lana, Inc. v. U.S. Dep’t of Labor. This article summarizes the case, including the Department of Labor’s grounds for its determination, and the law, including how the FLSA defines “employee.” Rhea Lana, Inc. v. U.S. Dep’t of Labor, No. 1:14-CV-00017, Sept. 26, 2017 (CRC) (D.D.C.)

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  • Why the Rehabilitation Act encourages active accommodation

    May / June 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 614

    Abstract: The Rehabilitation Act prevents federal government agencies and contractors from discriminating against disabled individuals. This article looks at an Eleventh Circuit case in which a disabled employee claimed that his employer had failed to make reasonable accommodations under that act. Employees in such circumstances bear the burden of identifying an accommodation. Boyle v. Pell City, No. 16-16362, Aug. 10, 2017 (11th Cir.)

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  • When do racist comments rise to the level of harassment?

    May / June 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 793

    Abstract: Recently, the Eighth Circuit weighed the rights of an employee under the National Labor Relations Act and the obligations of an employer under Title VII of the Civil Rights Act. As this article relates, an employee was accused of making racist statements during a lockout and his employer decided not to recall him when the lockout ended. The employer argued that reinstating the employee would conflict with its obligations to maintain a nonhostile work environment. Cooper Tire & Rubber Company v. NLRB, No. 16-2721, Aug. 8, 2017 (8th Cir.)

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  • Buckle up – Disabled employee bails from rental car agency after bumpy ride

    May / June 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 926

    Abstract: In a Second Circuit Court of Appeals case, a former rental car agency manager alleged that her employer had created a hostile work environment due to disability discrimination. According to her, the discrimination led to constructive discharge in violation of the Americans with Disabilities Act and Family and Medical Leave Act. This article reviews the case and what the court considered in reaching its decision. A sidebar discusses a similar Seventh Circuit case in which an employee alleged religious discrimination. Lawson v. Homenuk, No. 16-3736-cv, Oct. 11, 2017 (2d Cir.) EEOC v. University of Chicago Hospitals, No. 00-4065, June 2, 2002 (7th Cir.)

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  • Medical leave extension leads to more pain than relief

    March / April 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 547

    Abstract: Does an extended medical leave qualify as a reasonable accommodation under the Americans with Disabilities Act (ADA)? This article answers that question by summarizing Severson v. Heartland Woodcraft, Inc. In its decision, the Seventh Circuit pointed out that the ADA is an antidiscrimination statute, not a medical leave entitlement, and that accommodations are intended to facilitate work. Severson v. Heartland Woodcraft, Inc., No. 15-3754, Sept. 20, 2017 (7th Cir.)

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  • Title VII discrimination – When love is in the air — and a supervisor denies it

    March / April 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 595

    Abstract: An HR manager lied about her romantic relationship with another employee and was terminated by her employer. She claimed that her employer’s questioning constituted sexual harassment under Title VII of the Civil Rights Act. This article reviews the Seventh Circuit’s decision in Owens v. Old Wisconsin Sausage Company, Inc. Owens v. Old Wisconsin Sausage Company, Inc., No. 16-3875, Aug. 31, 2017 (7th Cir.)

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  • Note to employers: Handle accommodation requests with care

    March / April 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 777

    Abstract: An employee submitted a note to her employer from her chiropractor requesting a reduced schedule and the employer told her that she needed to submit a physician’s note instead. As this article relates, this exchange eventually led to the employee’s termination. The Eleventh Circuit had to decide whether the employer had failed to accommodate the employee in violation of the Americans with Disabilities Act. Holton v. First Coast Service Options, Inc., No. 16-15289, Aug. 11, 2017 (11th Cir.)

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  • Reversal of fortune – Did race play a role in an RN’s termination?

    March / April 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 910

    Abstract: When a Caucasian registered nurse was terminated from his employment, he claimed constructive discharge due to reverse discrimination. But as this article explains, there was some question over whether he could show that his supervisor’s conduct was actionable under Title VII of the Civil Rights Act. This article summarizes the Sixth Circuit case Fletcher v. U.S. Renal Care. A sidebar describes a similar Title VII case decided by the Eighth Circuit. Fletcher v. U.S. Renal Care, No. 17-3327, Sept. 28, 2017 (6th Cir.) Sanders v. Lee County School Dist. No. 1, No. 10-3240, Feb. 28, 2012 (8th Cir.)

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  • Know the difference between a hostile and merely unhappy work environment

    January / February 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 583

    Abstract: A supervisor made rude remarks related to an employee’s hearing difficulties. Was it enough for the employee to establish a hostile work environment under the Americans with Disabilities Act? As this article relates, the Third Circuit considered the frequency and severity of the harassment as well as whether it was physically threatening or interfered with the employee’s work. Cassandra Ballard-Carter v. The Vanguard Group, No. 16-3382, August 9, 2017 (3rd Cir.)

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  • Americans with Disabilities Act – When can employers require physical examinations?

    January / February 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 668

    Abstract: A prospective full-time employee was required to take a physical examination by an employer. When he didn’t pass it, the job offer was revoked and his temporary position was terminated. As this article explains, the Tenth Circuit’s decision as to whether the employer had violated the Americans with Disabilities Act hinged on the position’s essential job functions. Iselin v. Bama Companies, Inc., No. 16-5132, May 26, 2017 (10th Cir.)

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  • The sequence of events can be a key factor in Title VII cases

    January / February 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 777

    Abstract: To successfully prove a Title VII claim, a claimant must identify at least one co-worker who was treated more favorably by the employer under nearly identical circumstances. But in a recent Fifth Circuit case, the employee alleging discrimination couldn’t produce such an example. As this article examines, he also failed to persuade the court on his retaliation claim. Alkhawaldeh v. Dow Chemical Co., No. 16-20069, Mar. 15, 2017 (5th Cir.)

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  • Quick! Act fast when sexual harassment is alleged

    January / February 2018
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 937

    Abstract: When a retailer learned that one of its store managers had sexually harassed three employees, it terminated the manager. But did it act quickly enough to avoid violating the employees’ rights under Title VII? This article looks at the facts of the case and the Sixth Circuit’s ruling. A sidebar describes a similar sexual harassment case with a different outcome. EEOC v. AutoZone, Inc., No. 16-6387, June 9, 2017 (6th Cir.) Dillon v. Ned Mgmt., No. 13-cv-2622, February 2, 2015 (E.D.N.Y.)

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