Family And Medical Leave Act Claim Revived After Worker Fired For Taking Leave After Surgery In Shaffer v. American Med. Ass’n

A recent case determined that a man who was fired following surgery could bring a claim under the Family and Medical Leave Act (FMLA). The FMLA is a federal employment law that provides protection for eligible employees to take up to 12 weeks of unpaid leave from their jobs annually under certain circumstances. These include, but are…

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Religious Discrimination Lawsuit Based On Headwear Policies Continues in United States v. New York City Transit Authority

In late September, a federal court determined that a religious discrimination case filed on behalf of Muslim and Sikh bus drivers, train operators and subway station agents should proceed. The federal ruling came a year after a district court judge determined that the case should proceed because the New York Transit Authority had failed to show any…

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Retaliation Claim Allowed In Egan v. Freedom Bank Where Vice President Is Fired After Complaining About Sexual Harassment

Many times retaliation claims may be brought and won even where it may not be possible to maintain the underlying case for harassment or employment discrimination. If you have been fired or subjected to an “adverse employment action” after complaining about behavior you believe is in violation of discrimination laws, you may have a claim for retaliation. Consulting…

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Older Employee May Bring Claim For Age Discrimination Claim Where Evidence Exists That Younger Workers Were Treated Better in Earl v. Nielsen Media Research, Inc .

Many people think that employers would welcome older workers on the payroll and value the experience they bring to the job. Unfortunately this is not always the case. As the American workforce ages, so has discrimination against older workers. In fact, age discrimination is one of the fastest growing types of employment discrimination. In a recent case…

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Threats To Close Friend May Constitute Retaliation in Ali v. District of Columbia

In a recent case interpreting just what constitutes actionable retaliation as set forth in Thompson v. North am. Stainless LP, the U.S. District Court for the District of Columbia concluded that threats made by a Muslim firefighter’s supervisors could also be intended as a serious threat to the firefighter’s co-worker/close friend and as a result, constitute a…

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Minimum Wage Lawsuit Filed Against ZipRealty

The LA times reveals that the California labor commissioner has sued ZipRealty for nearly $18 million in a minimum wage case. At issue, the failure of the company to pay minimum wages and overtime compensation to hundreds of agents throughout the state. Both federal and state laws set forth certain minimum wage and overtime standards applicable…

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Worker Called “Pops” And “Old Man” Entitled To Bring An Age Discrimination Case In Dediol v. Best Chevrolet, Inc.

A recent case out of the Fifth Circuit, Dediol v. Best Chevrolet, Inc., examined whether a man who endured persistent abusive remarks about his age and his religious beliefs may bring a claim under the Age Discrimination in Employment Act (ADEA) and Title VII of the 1964 Civil Rights Act. The Fifth Circuit Court of Appeals…

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6th Circuit Determines Volunteers May Be Considered Employees In Bryson v. Middlefield Volunteer Fire Dep’t Inc.

Nearly 50 years ago Congress passed federal law prohibiting employment discrimination. Title VII of the Civil Rights Act of 1964 prohibits discrimination against employees, former employees and applicants for employment based on their sex, race, color, religion and national origin. Additional federal laws have been passed to prohibit disability discrimination and age discrimination. A seemingly simple…

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