ELB
Showing 177–192 of 258 results
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How much is enough? Employer’s response put to the test in hostile work environment case
March / April 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 924
Abstract: How much of a response is enough to safeguard a company from legal liability when sexual harassment is alleged? This article examines one case in which the plaintiff reported periodic harassment. The court, though finding some fault with the plaintiff’s supervisor, nevertheless sided with the company. But a sidebar discusses a similar case with a different conclusion. Cross v. Prairie Meadows Racetrack and Casino, Inc., No. 09-3427, Aug. 12, 2010 (8th Cir.) EEOC v. Prospect Airport Services, No. 07-17221, Sept. 3, 2010 (9th Cir.)
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Employee sues over need for ASL interpreter
March / April 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 672
Abstract: When a deaf employee requested that an American Sign Language (ASL) interpreter be present at any meetings he was asked to attend, the requests were denied. The Equal Employment Opportunity Commission (EEOC) filed a lawsuit on his behalf alleging failure to provide a reasonable accommodation for a disability as required under the Americans with Disabilities Act (ADA). This article shows whether the court determined that accommodations the employer had made were sufficient to meet the standard of “reasonable.” EEOC v. UPS Supply Chain Solutions, No. 08-56874, Aug. 27, 2010 (9th Cir.)
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Closing argument draws fire in discrimination case
March / April 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 657
Abstract: When a Puerto Rican woman with a Dominican supervisor found that her services contract was not renewed, she filed suit, claiming that she’d been discriminated against on the basis of gender and national origin. Her attorney appealed to the jury’s Puerto Rican composition, urging them to “send a message” to Dominicans and remarking that Dominicans working in Puerto Rico were there only to take the Puerto Ricans’ money. The jury awarded the plaintiff $1.25 million. This article discusses how the appeals court decided the defendant’s appeal and addressed the attorney’s remarks. Alvarado – Santos v. Department of Health of the Commonwealth of Puerto Rico, Nos. 8 – 2027, 08 – 2028, September 8, 2010 (1st Cir.)
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Spy games – Did employer’s use of recorded conversation violate the Wiretap Act?
March / April 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 832
Abstract: Employee discussions aren’t always kind to their employers. So one can imagine the dismay of an employee and former employee of a hospital when they learned that a recording of one of their conversations had wound up in the hands of their employer. The employees filed a lawsuit alleging violations of the Wiretap Act. This article shows the reasoning of the court in favoring the defendants on some issues and the plaintiffs on others. McCann v. Iroquois Memorial Hospital, No. 08-3420, September 13, 2010 (7th Cir.)
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When company policies go wrong – Nursing home’s practice leads to Title VII case
January / February 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 928
Abstract: If some nursing home residents don’t want to be served by employees of different races, can the home accommodate those requests? One employee who worked in such a home, and suffered racially tinged comments and epithets from co-workers, filed a complaint alleging the existence of a racially motivated hostile work environment. The court agreed, explaining that a company’s desire to cater to the perceived racial preferences of its customers wasn’t a defense under Title VII. A sidebar to this article looks at a gender-focused case that had a different result. Chaney v. Plainfield Healthcare Center, No. 09-3661, July 20, 2010 (7th Cir.) Veleanu v. Beth Isr. Med. Ctr., LEXIS 13948, 2000 (U.S. Dist. S.D.N.Y.)
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“Minor annoyances” or sex-based discrimination?
January / February 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 677
Abstract: When a female field technician for a telecom suffered discriminatory treatment and gender-related verbal abuse, the company claimed that the complained-of conduct amounted to nothing more than minor annoyances and inconveniences — but the court felt otherwise. This article explains that, although Title VII of the Civil Rights Act of 1964 wasn’t created with the intent of creating a “code of civility” in the workplace, severe or pervasive conduct could very well be held to create a hostile work environment in a court of law. Pucino v. Verizon Communications Inc., No. 09-1306-cv, August 13, 2010 (2nd Cir.)
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Employee sues over fitness-for-duty exam
January / February 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 639
Abstract: A year after suffering a head injury in an off-duty car accident, a police officer returned to work. But temperamental conflicts with his superiors led to his being put on administrative leave and ordered to undergo a fitness-for-duty exam. He sued, arguing that the employer couldn’t meet the “business necessity” standard without showing that his job performance had suffered because of health problems. This article explains why the court disagreed. Brownfield v. City of Yakima, No. 09-35628, July 27, 2010 (9th Cir.)
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Doctor’s orders – Company disputes physician’s assessment of pregnant welder
January / February 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 823
Abstract: Did one employer engage in discrimination when it disallowed a pregnant employee from resuming her work as a welder — even though a physician had cleared her to do so? This article shows how the court considered whether, instead of objectively evaluating the plaintiff’s ability to perform her job while pregnant, the employer subjectively determined that her pregnancy made her unable to weld. Spees v. James Marine, Inc., No. 09-5839, August 10, 2010 (6th Cir.)
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Standing PAT – Employer’s physical fitness test plays role in discrimination suit
November / December 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 829
Abstract: A female truck driver who, after some difficulty, managed to be transferred to a more physically demanding driving job was fired not long afterward, after failing a physical ability test. She filed a lawsuit alleging sex discrimination. This article looks at the findings of the appeals court, which agreed with her that the test had been administered selectively.
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Rolling trouble: Runaway truck leads to ADEA case
November / December 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 714
Abstract: Many lawsuits spring from alleged unlawful termination. But this article looks at one case in which the court considered whether an employer had violated the Age Discrimination in Employment Act (ADEA) when it wouldn’t reinstate a driver after an accident. This case wasn’t about the driver’s termination, which both parties agreed was based on a legitimate disciplinary policy. Rather, the case focused on the allegedly discriminatory refusal to reinstate the plaintiff as other, younger employees had been after being fired for the same or similar conduct.
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Compensation strategy runs into FLSA turbulence
November / December 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 618
Abstract: A worker filed a lawsuit alleging that his company had failed to properly pay him overtime under the FLSA. This article looks at the appeals court’s decision that the defendant had tried to avoid paying the worker a higher “regular rate” by artificially designating a portion of his wages as “straight time” and a portion as “per diem.”
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Basketball fans or retaliators? Collegiate athletic symbol prompts lawsuit
November / December 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 874
Abstract: When an outspoken advocate on Native American issues underwent an interview for a job promotion at his college, he was offended that two interviewers sported T-shirts with the image of a mascot he considered offensive, and he lodged a protest. No one was promoted at that time, but he re-interviewed later and was denied the promotion. He filed a lawsuit, claiming retaliation. This article discusses the decision of an appeals court, which found that the six-month lag between his complaint and unsuccessful interview was too long to infer a link between the two. But a sidebar looks at a different case in which an even longer time lag was not an impediment.
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Temp agency caught in religious conundrum
September / October 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 886
Abstract: Federal law prohibits discrimination based on religious beliefs. But, when a Muslim job applicant insisted on always wearing her headgear as an article of her faith, a temporary employment agency didn’t refer her to a job at one client site on the grounds that the client banned all headwear for safety reasons. The agency offered her other opportunities, but she declined and filed a discrimination charge with the EEOC. This article explains why the appeals court decided in favor of the temp agency.
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Racism vs. reorganization – Sixth Circuit draws legal distinction in discrimination case
September / October 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 677
Abstract: Many companies opt to reorganize to cut employment costs and operate more efficiently. But when one restructuring resulted in a female African-American hospital chef being replaced by a white male, she served up a lawsuit. This article looks at the evidence she offered, and the appeals court’s conclusion that there was a reasonable inference that she’d been fired for racially motivated, discriminatory reasons.
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Could a medication’s side effects trigger ADA protection?
September / October 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 552
Abstract: Most cases involving the Americans with Disabilities Act (ADA) center on a bodily disability. But, in the event a worker’s medical condition doesn’t qualify as a disability, could harsh side effects from his or her medication still trigger ADA protection? That was the question faced by an appeals court. This article discusses the criteria that allow a medical treatment’s side effects to constitute a disability, and when an impairment should not be considered disabling.
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Chain reaction – Sexual harassment charges lead to age discrimination lawsuit
September / October 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 964
Abstract: This article discusses a 69-year-old man, terminated because of sexual harassment claims, who claimed that his dismissal on those grounds was a pretext to hide age discrimination. He cited a remark about his age made by the COO, but the appeals court ruled that this constituted a “stray remark” that by itself was insufficient to defeat summary judgment. However, a sidebar looks at a different case, in which age-related comments were not considered stray remarks.