Archive for 2010
Pregnancy Discrimination Claim Allowed To Proceed
Pregnancy discrimination occurs when expectant women are fired, not hired or otherwise discriminated against as a result of their pregnancy or their desire to become pregnant. In a recent case, a social worker whose job was eliminated but was not allowed to be considered for another job was allowed to proceed with her claims against her former…
Read More$2 Million Jury Award to Teacher With Seasonal Affective Disorder Wins Case Over Denial of Windowed Room
A recent Wisconsin federal court decision serves as a victory for those discriminated against due to depression. In Ekstrand v. School Dist. of Somerset, a jury determined that a school district should pay a schoolteacher more than $2 million for failing to provide her with a classroom window because she has seasonal affective disorder (“SAD”). Under…
Read MoreReligious Discrimination Lawsuit Progresses
A New York federal court has determined that the Department of Justice may proceed with a religious discrimination case against the New York City Transit Authority brought on behalf of New York City bus drivers, train operators and subway station agents who were denied accommodation or subjected to selective enforcement of job-related headwear policies. Title VII of the Civil…
Read MoreNew Wage And Hour Class Action Suit Against Wal-Mart
A new lawsuit has been filed on behalf of Wal-Mart employees alleging they were denied the wage, benefits and other protections they were entitled to under the law. Specifically, the suit alleges that janitors routinely worked seven days a week and were denied overtime pay in violation of the Fair Labor Standards Act (FLSA). Under the FLSA, all employees…
Read MoreInconsistent Reasons For Firing Constitute Pretext
A recent case determined that an employer’s varying rationale for terminating a manager showed “pretext” sufficient to withstand a motion for summary judgment. In Eades v. Brookdale Senior Living Inc., a 42 –year-old man, David Eades – was fired from his job at a senior living center. Eades subsequently filed a lawsuit alleging violations of the Age Discrimination in Employment…
Read MoreBenefits Of Federal Minimum Wage
One of the oldest employment laws is the Fair Labor Standards Act (FLSA), a law enacted in the 1930s setting forth several critical employment provisions, including certain minimum wage and overtime standards intended to protect workers. The current minimum wage is $7.25 an hour. Had minimum wage kept pace with inflation, it would be above $10.00 today.…
Read MoreIs It Discriminatory To Use Credit Checks In Employment Decisions?
The House Financial Services Institution and Consumer Credit Subcommittee recently heard testimony regarding the use of credit checks and whether their use is discriminatory. At issue – whether H.R. 3149 placing more restrictions on the use of credit checks is necessary to restrain discrimination in light of current laws. Proponents argue that restricting the use of credit checks…
Read MoreFLSA Violations Frequent For Low-Wage Laborers
Recent NewYork Times and Huffington Post articles have focused on the prevalence of Fair Labor Standards Act (FLSA) violations amongst low wage laborers, often immigrants. The FLSA provides many guarantees – including the guarantee of minimum wages and overtime compensation for non-exempt employees who work more than 40 hours in a work in any work-week. The FLSA also sets forth child…
Read MoreConsent Decree Cannot Shield Officials From Reverse Race Bias Claim
The U.S. Court of Appeals for the Seventh Circuit has determined that the mayor of Indianapolis and other city officials can be held liable to three white police lieutenants whose constitutional rights to equal protection were violated when they were denied promotions. Black officers who ranked lower on the eligibility list were promoted instead – giving rise…
Read MoreFMLA’s 24-Hour Leave Without Pay Policy Applies To Same Sex Domestic Partners
The Office of Personnel Management (OPM) has recently issued a memorandum requiring the federal government’s 24-hour leave without pay ((LWOP) family support policy be made available to federal employees’ same-sex domestic partners and their children. In 1997, the 24-hour LWOP policy was established while changes to the Family and Medical Leave Act (FMLA) were being discussed. The…
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