Archive for 2010
If Severe Enough, One Action Can Constitute A Hostile Environment
In late August, the U.S. Court of Appeals for the Seventh Circuit held that “one action” is sufficient to create a hostile work environment claim if it is sufficiently severe, especially uninvited, physical and intimate, bodily contact. In Berry v. Chicago Transit Auth., Cynthia Berry sued the Chicago Transit Authority under Title VII of the 1964…
Read MoreCancer In Remission Considered A Disability Under The ADAAA In one
In one of the first summary judgment rulings under the amendments to the Americans with Disabilities Act (the “ADAAA”), the U.S. District Court for the Northern District of Indiana determined that an employee who has cancer is considered to be “disabled” even if the condition is in remission at the time of the alleged adverse employment action.…
Read More$3 Million Settlement In FLSA Class Action
A federal judge has recently approved a $3 million settlement in a class action lawsuit brought against Olan Mills based on violations of the Fair Labor Standards Act (“FLSA”). In the lawsuit, 18 current and former employees alleged that Olan Mills, Inc. violated the FLSA by forcing employees to work off the clock, including performing work duties…
Read MoreVerizon Technician Raises Triable Claim Of Sexual Harassment
In a recent Second Circuit Court of Appeals decision, the court determined that a female could pursue a claim of gender discrimination based on sexual harassment and disparate treatment against Verizon Communications, Inc., pursuant to Title VII of the 1964 Civil Rights Act. The 2d Circuit reversed the lower court decision. Although sexual harassment is one of the most well…
Read MorePersonal Knowledge Of Protected Status Not Required For Retaliation Claim
The U.S. Court of Appeals for the Second Circuit recently revived an engineer’s job bias claim, determining that it was error for the trial court to require the jury find “personal knowledge of an alleged protected activity” in order to establish causation in a retaliation claim. The court also explained that it is not necessary for…
Read MoreAre Hospitals Paying Workers Enough Overtime?
According to the New York Times, the Obama administration has started investigating pay practices throughout the health care industry after hospitals around the country have been sued based on the failure to pay proper overtime to nurses and other employees who work more than 40 hours a week. The Fair Labor Standards Act (“FLSA”) provides that all non-exempt…
Read MorePoor Vision Constitutes Disability Entitled To Protections Under The ADA
A recent Ninth Circuit court opinion held that a worker whose vision affected her ability to walk and drive after dark was entitled to protection under the Americans with Disabilities Act. The ADA prohibits discrimination against “qualified individuals with a disability” in the terms and conditions of employment. This includes requiring your employer to make an effort to…
Read MoreAre You Entitled To Overtime Compensation For Time Spent On Your Blackberry?
A Chicago police officer has recently filed a lawsuit claiming he is entitled to overtime compensation for hours spent responding to email off-hours. According to National Public Radio (NPR), the police officer asserts that he is entitled to a significant amount of back-pay because he was required to log onto his Blackberry to continue working even…
Read MoreTechnicians Sue Goldman Sachs For Overtime Pay
Earlier this week, five computer-network technicians filed suit against Goldman Sachs Group Inc., claiming that they failed to receive all overtime compensation due. At issue, whether the technicians are considered contractors or employees. Under the Fair Labor Standards Act (FLSA), all employees who are not exempt must be paid at a rate of one and…
Read MoreHonoring A Patient’s Racist Requests Constitutes Discrimination
A recent Seventh Circuit opinion held that honoring a patient’s racist request constituted a violation of a black nursing assistant’s rights under Title VII of the 1964 Civil Rights Act. In Chaney v. Plainfield Healthcare Ctr., a nursing home patient requested that a black nursing home assistant refrain from providing her care. The nursing home honored this request. In…
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