Court tosses applicant's claim she was deemed 'too dark' to work at Olive Garden

The plaintiff's unsupported testimony did not create an issue that could go before a jury, the court said, granting summary judgment for the employer.

By Lisa Burden • April 25, 2019

Worker fired for panic attacks can take ADA claim to a jury, court says

Upon termination, the employee's supervisors said "it wasn't going to work out" due to her health, she testified.

By Katie Clarey • April 25, 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

SCOTUS: No class arbitration without clear-cut agreements

The High Court's decision in Lamps Plus is a "big win" for employers, a Littler Mendelson attorney told HR Dive.

By Ryan Golden • April 24, 2019

6th Cir.: Employee fired for health issues has viable ADA 'regarded as' claim

Absence and disability management can create headaches for HR, but training can help employers handle these situations. 

By Jennifer Carsen • April 24, 2019

Jury awards $3.8M to paramedic told her breastfeeding schedule was 'excessive'

Tucson's fire department violated the FLSA and Title VII when it assigned the employee to stations without a lactation space, the jury found.

By Lisa Burden • April 24, 2019

DOJ suit: Employer violated USERRA's 'equivalent position' reinstatement mandate

A North Carolina county allegedly eliminated a dean's position while he was away for military service and offered him re-employment as a phys ed teacher.

By Lisa Burden • April 23, 2019

24/7 availability can be an ADA essential function, 5th Cir. says

The statute didn't protect a law-enforcement employee with PTSD because he could not, with or without an accommodation, be available around the clock.

By Jennifer Carsen • April 23, 2019

Employer settles EEOC suit alleging it pressured pregnant nursing assistant to quit

The agency also said the company failed to accommodate the employee's medically imposed lifting restriction.

By Lisa Burden • April 22, 2019

Court revives NYC worker's retaliation suit — despite finding no discrimination

After complaining about harassment, the employee alleged she was denied lunch breaks, which triggered migraines.

By Jennifer Carsen • April 22, 2019

SCOTUS to decide whether Title VII forbids LGBT discrimination

"This is a wake-up call to employers throughout the country, regardless of the way the Supreme Court goes," Haynes and Boone Partner Jason Habinsky said.

By Katie Clarey • Updated April 22, 2019

Court OKs $258K jury award in GNC suit alleging age-based discipline

Employers "can't excuse the shortcomings of younger workers while bringing down the hammer on older workers," the court said.

By Lisa Burden • April 18, 2019

The top OSHA fines of Q1 2019

Leading violations show that once again, inspections focused heavily on fall protection.

By Kim Slowey • April 17, 2019

Employer settles EEOC suit with $60K and apology letter to trans applicant

The company allegedly rescinded a job offer after learning that an applicant checked the box labeled "female" on his background screening paperwork.

By Lisa Burden • April 16, 2019

NLRB: Grousing in restroom wasn't protected activity

In an expletive-laced complaint made in a restroom open to the public, a Quicken Loans employee expressed annoyance about a client wasting his time.

By Jennifer Carsen • April 16, 2019

Positive drug tests hit 14-year high in 2018

Employers' duties to abide by local laws and maintain a drug-free work environment may come into conflict, analysis from Quest Diagnostics shows.

By Valerie Bolden-Barrett • April 16, 2019

H-1B program receives more than 200K petitions, an increase from FY2019

Companies long-reliant on the H-1B program are finding alternatives to continue doing business in the U.S.

By Naomi Eide • April 16, 2019

Jones Day attorneys drop collective sex bias claim after reviewing pay data

The female plaintiffs alleged that the firm operated as a fraternity; the employer disputed that characterization.

By Jennifer Carsen • Updated Dec. 16, 2020

PwC workers alleging that campus recruiting is ageist earn class status

The case's outcome may affect the use of a recruiting technique on which many organizations lean.

By Katie Clarey • April 12, 2019

Anthropologie employee dubbed 'mom' gets age claim revived

After she expressed interest in a supervisor job, a manager allegedly told the plaintiff she was too old and didn't have the stamina for the position.

By Lisa Burden • April 12, 2019

EEOC sexual harassment charges up as overall total declines

The agency's acting chair noted the impact of the #MeToo movement on its 2018 fiscal year charge figures.

By Ryan Golden • April 12, 2019

Employee's strong performance record keeps ADA claim alive

The dental practice manager had received excellent reviews throughout her 11-year employment, including one less than two months before her termination.

By Jennifer Carsen • April 11, 2019

Court releases former ADP sales reps from noncompetes

Noncompetes can be difficult to enforce, as employers often need to show that a violation of the agreement would hurt a business substantially. 

By Jennifer Carsen • April 10, 2019

SCOTUS will not review 3rd Cir.'s harsh ADA Amendments Act reminder

The ADA doesn't require accommodation for workers "regarded as" having a disability, but the employer didn't contest jury instructions stating the opposite.

By Lisa Burden • Updated Nov. 5, 2019

Waste company settles EEOC claim that it refused to interview female driver

"American Pride has never hired a female driver and offered inconsistent and varying excuses for its failure to interview [the plaintiff]," the commission said.

By Lisa Burden • April 9, 2019

Microsoft staff email chain prompts sexual harassment investigations

According to a report, alleged misconduct included sexist comments and one incident in which a woman was "told to sit on a coworker's lap."

By Ryan Golden • April 9, 2019