Archive for 2010
Sexual Attraction Not Necessary For Harassment Claim
Actions constituting sexual harassment or those that create a hostile work environment can take many forms such as lewd comments, inappropriate touching, and sexually explicit joke telling. Despite the sexual nature of the harassment – actual sexual desire or attraction need not exist to support an inference of sexual discrimination. In a recent sexual harassment case, Rosario v.…
Read MoreAlternative Modes Of Communication May Be Considered A Reasonable Accommodation
The Americans with Disabilities Act (ADA), provides that disability discrimination is illegal. Specifically, the ADA prohibits discrimination against “qualified individuals with a disability” regarding terms and conditions of employment, retaliation against employees who complain about discrimination, or participating in someone else’s discrimination lawsuit. Whether someone is considered a “qualified individual with a disability” is a legal definition…
Read MoreJury Finds Medical Center Discriminated Against Muslim Doctor
In May a federal jury awarded a Muslim Egyptian-born man over $3.6 million, as the result of severe religious and race discrimination that forced him to resign from his job at the University of Texas Southwestern Medical Center. In the post-9/11 climate, anti-immigrant sentiment has increased, often taking the form of religious, national origin, or race discrimination. Title VII specifically protects…
Read MoreWorker’s Who Receive Commissons Not Always Exempt Under The FLSA
In a recent decision, Alvarado v. Corporate Cleaning Service, Inc., a federal judge for the Northern District of Illinois determined that window washers may proceed against their employer with a claim for overtime benefits under the Fair Labor Standards Act (FLSA). The FLSA provides that all employees who are not exempt from the FLSA must be…
Read MoreSecurity Response Does Not Create Hostile Work Environment
In a recent sexual harassment case, an administrative assistant asserted that her company’s response to her complaints of sexual harassment under Title VII of the 1964 Civil Rights Act created a hostile work environment. The U.S. District Court for the Eastern District of Pennsylvania disagreed. In Sheer v. Motorola Inc., E.D. Pa., No. 09-209, an administrative assistant became…
Read MoreFifth Circuit Finds Failure To Include Per Diem Pay In “Regular Rate” Violates FLSA
The Court of Appeals for the Fifth Circuit affirmed the lower court’s determination that a staffing company violated the Fair Labor Standards Act (FLSA) when it failed to include a per diem payment in its “regular rate of pay” calculation. Pursuant to the FLSA, all non-exempt employees must be paid at a rate of one and one half…
Read MoreSupreme Court Finds Black Firefighters’ Race Discrimination Claim Timely
The U.S. Supreme Court has ruled that black firefighters did not miss the deadline to file a cause of action for race discrimination against the City of Chicago, holding that reliance on a discriminatory test administered in the past can constitute a new violation of Title VII. Under Title VII of the Civil Rights Act of 1964, employers are…
Read MoreAge Discrimination Claim Allowed To Proceed After Company Buy-Out
As the number of older Americans in the work place continues to increase, so does the number of Americans facing age discrimination at work. If you are over 40, the Age Discrimination in Employment Act (ADEA) prohibits your employer from discriminating against you and protects you from harassment based on your age. Often, discrimination occurs when one…
Read MoreSixth Circuit Determines Couple Did Not Knowingly Waive Their Right To Sue
Many times job applications contain “legalese” – language that may waive a right or in someway limit an employee’s path to recovery. However, according to the U.S. Court of Appeals for the Sixth Circuit, provisions contained in a job application which limit an individual’s legal remedies may not be enforceable if the applicant did not knowingly…
Read MoreSupreme Court Evaluates Who Should Decide Validity of Arbitration Agreements
Many times as a condition of employment a new hire will sign an employment agreement containing a mandatory arbitration agreement. Often, these arbitration agreements provide that an arbitrator has the exclusive authority to resolve certain employment disagreements. Although arbitration may have many advantages, such as being quicker and less expensive than traditional litigation, the mandatory arbitration clauses…
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