Compliance: Page 110
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Employer's documentation of layoffs defeats employee's discrimination claim
The plaintiff claimed her employer let her go for refusing to sign an affidavit in another woman's discrimination charge, the 8th Circuit said.
By Lisa Burden • Aug. 12, 2019 -
Nurse who didn't apply for full-time position wasn't discriminated against in hiring, court says
The hospital said it "purged" her from the work pool because the only hours available to part-time nurses conflicted with her schedule at a new full-time job.
By Lisa Burden • Aug. 12, 2019 -
DOL: Workers can use FMLA to attend children's special education meetings
There's one big takeaway from this letter, according to Fisher Phillips Partner Myra Creighton: Don't view the FMLA's "to care for" component too narrowly.
By Katie Clarey • Aug. 9, 2019 -
ICE agents round up 680 workers in largest raid in a decade
Workplace investigations have resumed under President Trump after President Obama largely avoided them in favor of audits, AP reported.
By Valerie Bolden-Barrett • Aug. 9, 2019 -
UPS did not need to create a new position as an accommodation, court says
The employee's "physical and cognitive impairments directly affected the core requirements of his job," the 5th Circuit said.
By Jennifer Carsen • Aug. 9, 2019 -
Ryan Golden/HR Dive
EEOC: Manager violated ADA by chastising worker's accommodation use
The ADA's obligation for employers to provide a reasonable accommodation can include modifying workplace policies, including allowing telework.
By Lisa Burden • Aug. 9, 2019 -
3 tips to survive a DOL audit of your FMLA process
Littler Mendelson shareholder Jeff Nowak taught employers a "Jedi mind trick" they can use once they receive a notice from DOL, among other strategies.
By Ryan Golden • Aug. 9, 2019 -
Trucking company's 'inflexible leave policy' application violated disability discrimination laws, EEOC says
Even when leave is provided as required by applicable laws, the Americans with Disabilities Act may require additional leave as a reasonable accommodation.
By Lisa Burden • Aug. 8, 2019 -
7th Cir.: Parks employee fired for poor attendance and insubordination, not retaliation
When the employee complained of harassment, an internal HR investigation concluded that the dispute stemmed from the employee's disregard for workplace rules.
By Jennifer Carsen • Aug. 8, 2019 -
10th Cir.: Hospital rejected applicant for poor interview, not race or age
The unsuccessful applicant filled out an online application that asked if he was over 40 and also asked about language fluency.
By Jennifer Carsen • Aug. 7, 2019 -
Lab worker's non-hire may have been in retaliation for complaint, 7th Cir. says
The case highlights two factors courts look at when evaluating whether retaliation or discrimination took place: time and treatment of similarly situated colleagues.
By Jennifer Carsen • Aug. 7, 2019 -
'I'm Not Returning to Google After Maternity Leave': Internal memo goes viral at Google
The allegations in the memo continue a chain of employee complaints against Google regarding discrimination, retaliation and other concerns.
By Valerie Bolden-Barrett • Aug. 7, 2019 -
Chicago police communications operators used FMLA for 'booze cruise'
The operators together took Caribbean cruises, during which they drank, "went to numerous restaurants, attended night clubs, toured Caribbean islands" and went horseback riding, the report said.
By Lisa Burden • Aug. 6, 2019 -
Merely providing handbook with arbitration provision is not a contract, 8th Cir. affirms
The PrimeLending employee did not recall reviewing the handbook and the employer had no evidence proving she did, according to court documents.
By Jennifer Carsen • Aug. 5, 2019 -
Employer told pregnant worker to take unpaid leave or work without restrictions
Refusing to provide light duty to pregnant workers when non-pregnant employees are allowed light duty violates the Pregnancy Discrimination Act, the EEOC said.
By Lisa Burden • Aug. 2, 2019 -
Hospital showed no retaliation in firing worker 'unwilling to discuss her performance'
The employee had numerous documented performance problems, and months had passed between the leave and her termination, the court noted.
By Jennifer Carsen • Aug. 2, 2019 -
Zamboni driver fired for 'attitude problems,' not disability discrimination
The 7th Circuit said the plaintiff failed to produce enough evidence to support an inference that the five stated reasons for his firing were pretextual.
By Lisa Burden • Aug. 2, 2019 -
University of Arizona settles with 3 former deans alleging gender-based pay bias
Inside Higher Ed and other sources report that the settlement was "mutually resolved" but did not disclose a specific dollar amount.
By Jennifer Carsen • Aug. 1, 2019 -
Piggly Wiggly settles suit alleging manager 'laughed' at reports of sexual harassment
After filing a written complaint and asking for a meeting with the president of the company, both women were fired.
By Lisa Burden • Aug. 1, 2019 -
Obesity discrimination is now unlawful in Washington. Could others follow?
Experts suggest employers focus on policies that limit potential liability and promote an inclusive workplace for all workers.
By Rosie Bradbury • Aug. 1, 2019 -
Kate Tornone/HR Dive
Deep DiveBack to Basics: Everything HR needs to know about the EEOC
In this installment, Associate Editor Katie Clarey explains the agency's full scope and how employers can handle discrimination claims proactively.
By Katie Clarey • July 30, 2019 -
American Airlines violated NYC law by disciplining workers for taking sick days, city says
The airline allegedly retaliated against ground crew workers who used sick leave by assigning disciplinary points for each sick day taken.
By Jennifer Carsen • July 30, 2019 -
Plumbing company settles EEOC claims that it assigned only Latino workers to sewer duty
When a worker complained, a supervisor told him to return to the sewer, threatened to replace him and referred to him by a pejorative, the EEOC said.
By Lisa Burden • July 29, 2019 -
Ford applicant with missing left hand fails to show discrimination, says 8th Cir.
Ford asked the applicant to get a doctor's note stating that he was unable to grip anything with his left hand even though he did not have a left hand.
By Jennifer Carsen • July 29, 2019 -
Deep Dive
Auto-deducted meal breaks — can they be done?
The practice has landed many in a costly trap. Companies with practices conducive to auto-deductions, however, may be able to use them without fear.
By Jennifer Carsen • July 29, 2019
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