Accommodation request did not 'immunize' worker from termination

The employee's "years of poor performance, not her accommodation request" caused her termination, the 3rd U.S. Circuit Court of Appeals said.

By Jennifer Carsen • May 20, 2019

Fisticuffs, not race, caused promotion denial, 1st Cir. says

The plaintiff displayed indisputable conduct problems, but an employee need not be a star performer to establish discrimination.

By Jennifer Carsen • May 17, 2019

Explore the Trendline➔

Inside the rapidly changing world of compliance

The HR landscape is ever-shifting, leaving compliance professionals to meet today’s requirements while keeping an eye on the future.

By HR Dive staff

EEOC: Employer requested medical exams until one supported worker's firing

An employer should be cautious about relying on the opinion of its own health care professional if it is contradicted by the employee's doctor, the agency said.

By Lisa Burden • May 17, 2019

Muslim employees accuse Amazon warehouse of bias

The workers said they were denied adequate space and time to pray and were regularly assigned less favorable work compared to white workers.

By Jennifer Carsen • May 16, 2019

Secretary with cancer alleges law firm fired her 2 weeks after accommodation request

A manager told the worker she could use her sick and personal days for treatment, but the firm fired her several days later, she said.

By Lisa Burden • May 16, 2019

Judge doubles Steak 'n Shake's misclassification bill to $7.7M

The restaurant owes overtime back pay and liquidated damages under the Fair Labor Standards Act and Missouri law for allegedly misclassifying managers.

By Katie Clarey • May 16, 2019

Greyhound workers' heated argument was protected activity

The NLRA protects when "two or more employees take action for their mutual aid or protection regarding terms and conditions of employment."

By Lisa Burden • May 15, 2019

6th Cir.: Jury's retaliation finding will stand, despite lack of discrimination

The plaintiff, a police officer, alleged a test to become captain was racially discriminatory, and said the city denied him work opportunities in turn.

By Lisa Burden • May 15, 2019

Uber drivers have no NLRA protections, memo says

The NLRB based its conclusion on several factors, including the extent to which a supervisor controls the work's details.

By Valerie Bolden-Barrett • May 15, 2019

7th Cir.: Surgeon was independent contractor not protected by Title VII

Illinois' Northwest Community Hospital placed restrictions on the surgeon, the court said, but they weren't enough to render her an employee.

By Lisa Burden • May 14, 2019

Reports: White House considering mandatory E-Verify

The change may come as a part of the administration's plan to overhaul the immigration system, McClatchy reported.

By Valerie Bolden-Barrett • May 14, 2019

Appeals court OKs prorated bonus for worker on FMLA leave

DOL regs say employees generally aren't entitled to bonuses for "hours worked, products sold or perfect attendance" if the goal was missed.

By Lisa Burden • May 13, 2019

6th Cir.: Teacher passed over for younger, less-qualified applicants failed to show age bias

The plaintiff gave vague answers to questions and interviewers were concerned about her classroom management skills, according to court documents.

By Jennifer Carsen • May 10, 2019

FMLA-ineligible worker fired for taking approved leave may see jury trial

A leave coordinator approved the employee taking two weeks off to care for her daughter, even though she wasn't yet covered by the FMLA. 

By Katie Clarey • May 9, 2019

Senate confirms Trump nominee Janet Dhillon as EEOC chair

The vote restores the agency's quorum, potentially paving the way for some changes.

By Ryan Golden • May 9, 2019

1st Cir.: Worker 'totally disabled' for SSDI purposes had no ADA claim

The Supreme Court, however, has previously said there are "many situations in which an SSDI claim and an ADA claim can comfortably exist side by side."

By Jennifer Carsen • May 8, 2019

EEOC: Attorney who represented sex offenders fired during leave for PTSD

When both the ADA and the FMLA covers an employee's leave, employers must first pinpoint the worker's rights under each law, EEOC says.   

By Lisa Burden • May 7, 2019

DHS releases 30K additional H-2B visas

The annual cap of 66,000 visas was reached in February, forecasting a shortage of seasonal workers.

By Valerie Bolden-Barrett • May 7, 2019

11th Cir.: Tyson worker with asthma, back pain failed to show ADA disability

Even if the conditions were disabilities, the court said, Tyson did not fail to provide accommodations.

By Jennifer Carsen • May 6, 2019

LVMH attorney alleges 'sham' sexual harassment investigation

The director of talent at LVMH, Louis Vuitton's parent company, allegedly dismissed the behavior as what "executives do in a French company."

By Lisa Burden • Updated May 8, 2019

Acosta: DOL won't back higher federal minimum wage

The Labor Secretary also said the department is working with the SEC on another attempt at the previously vacated fiduciary rule.

By Ryan Golden • May 6, 2019

Labor, employment suits the most common type of class action, study says

Though the number of employers that faced a class action dropped in 2018, the average number of matters per employer went up, Carlton Fields said.

By Lisa Burden • May 3, 2019

9th Cir. withdraws opinion that retroactively applied California's independent contractor test

California's ABC test created a stricter standard, generally assuming all workers are employees.

By Katie Clarey • Updated July 22, 2019

Supreme Court won't decide whether ADEA protects job applicants

The move leaves intact a lower court's ruling that the law's disparate impact protections do not apply to external applicants.

By Lisa Burden • Updated Oct. 7, 2019

Party City pays $155K to settle suit alleging manager disparaged applicant with autism

The hiring manager said, in the applicant's presence, that the Party City employee who encouraged her to apply would hire anyone, even "an ant."

By Jennifer Carsen • May 2, 2019