Archive for 2011
$17.7 Million Award In Age Discrimination Lawsuit
A California jury awarded $17.7 million to a group of five older workers who were given more difficult work hours so as to injured them or frustrate them into quitting. The employers also downgraded the workers performance reviews. In Ward v. Cadbury Schweppes Bottling Grp., a seven member jury found that American Bottling Co. and Dr.…
Read MoreResidents Only Requirements May Constitute Race Discrimination – NAACP v. North Hudson Reg’l Fire & Rescue
Hiring requirements – such as English only rules, passing a test or living in a certain area- may be considered racial discrimination depending on the circumstances. In a recent case, the 3rd Circuit Court of Appeals determined that a Regional Fire and Rescue squad that had a rule stating that only residents could be hired as…
Read MoreWoman Who Was Fired After Undergoing Sex Change Wins Claim For Sex Discrimination In Glenn v. Brumby
A woman who underwent a sex change has recently won a transgender sex discrimination case. In Glenn v. Brumby, a federal appeals court in Atlanta reviewed whether a former editor in the Georgia General Assembly’s Office of Legislative counsel had a claim for sexual discrimination after she was fired following the announcement of her intent to…
Read MoreCourt Determines Constant Questions About Retirement Supports Worker’s Age Discrimination Claim In Franks v. Village of Bolivar
Recently a court in Ohio determined that if your boss repeatedly asks you questions such as “when are you going to retire?” or urges you to retire, these actions may support a claim under the Age Discrimination in Employment Act (ADEA). The ADEA is a federal law that prohibits discrimination against individuals over the age…
Read MoreSupreme Court To Review Whether Pharmaceutical Sales Representatives Are Exempt Under The Fair Labor Standards Act in Christopher v. SmithKline Beecham Corp.
The U.S. Supreme Court has just agreed to review Christopher v. SmithKline Beecham Corp., a significant case concerning pharmaceutical sales representatives. At issue, whether the sales reps are considered exempt or not exempt under the Fair Labor Standards Act (FLSA). If the court determines the reps are “outside salespersons” they would be considered exempt under the FLSA…
Read MoreDraft Final Rule On ADEA Regulations Approved
Older workers offer significant experience and maturity to the work force, but unfortunately age discrimination continues to be one of the fastest growing types of employment discrimination claims. In an effort to combat this growing problem, Congress passed the Age Discrimination in Employment Act (ADEA). The ADEA makes age discrimination illegal and provides legal protection for…
Read More7th Circuit Determines Statements May Be Direct Proof Of Bias In Makowski v. SmithAmundsen
Sometimes evidence that you have been discriminated against may be clear and direct. Other times evidence of discrimination may be indirect and is based on inference or presumption. In a recent case, Makowski v. SmithAmundsen, the 7th Circuit determined that a statement that reveals bias may be used as direct proof of job discrimination, and that…
Read MoreFederal Court Determines Anti-Retaliations Laws Protect Federal Employees In Diggs v. HUD
A recent case determined that a fired federal employee could bring a claim of retaliation against a federal employer. The decision was the result of the court’s review of Diggs v. HUD, a “mixed case” based on both retaliation and employment discrimination. Although the court determined it lacked proper jurisdiction to decide this case, it was significant in…
Read MoreSeveral Federal Laws Protect Seasonal Farm Workers
The Department of Labor has recently issued a reminder to seasonal agricultural workers that several different federal laws protect the workers – both in terms of wages and hours worked and work-place conditions. These laws include: the Migrant and Seasonal Agricultural Worker Protection Act, the Fair Labor Standards Act and the Occupational Safety and Health Act’s Field Sanitation Standards.…
Read MoreComputer Professionals Update (CPU) Act Seeks To Modify Whether Computer Professional Are Exempt Or Not-Exempt
The Fair Labor Standards Act (FLSA) sets forth overtime and wage guidelines that govern nearly every employee in the United States. Included in the FLSA are requirements that employees earn minimum wage and all employees who are not exempt be paid overtime at a rate of one and one-half times their regular rate of pay for all…
Read More