Archive for 2011
Man With Schizophrenia Can Bring “Regarded As” Claim
Many times work place biases influence how we are treated at work. Fortunately, congress has enacted laws to protect us from many forms of employment discrimination. One of these laws is the Americans with Disabilities Act, which prohibits disability discrimination against qualified individuals. The ADA prohibits your employer from taking adverse action against you because of your disability…
Read MoreEmployer Must Conduct An Individualized Inquiry Of Actual Disability
In a recent case, the 6th Circuit Court of Appeals overturned a jury verdict where an employer failed to take the proper steps under the Americans with Disabilities Act (ADA). In Jones v. Nissan N. Am. Inc., the court determined that because the employer – Nissan North America – failed to conduct an individualized inquiry concerning an…
Read MoreNixon-Tinkelman v. New York City Dep’t of Health and Mental Hygiene Determines Employer May Be Required To Help With Commute Under The ADA
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) prohibit disability discrimination against individuals with a disability in the terms and conditions of employment. This includes people with any medical, physiological, or psychiatric condition that substantially limits a major life activity. As part of the ADA and ADAAA employers are required…
Read MoreAppeals Court Determines Police Sergeants And First-Responders Entitled To Overtime Pay in Edward Mullins et al v. City of New York
In a precedent setting wage and hour case, the U.S. Court of Appeals for the 2d District determined that New York City police department sergeants were entitled to overtime pay. In Edward Mullins et al v. City of New York the court evaluated whether the sergeants had been misclassified as “exempt” by the department in violation of the Fair…
Read MoreTrial Court Definition Of Retaliation Too Narrow In Millea v. Metro-North R.R. Co.
In a recent Second Circuit Court of Appeals decision, the court determined that a trial court had erred when it issued jury instructions that too narrowly defined what retaliation means. In Millea v. Metro-North R.R. Co., a railroad employee – Christopher Millea – brought a retaliation claim under the Family and Medical Leave Act(FMLA). When the court instructed the…
Read MoreShort Time Span Between Deposition and Disciplinary Action Support Claim of Retaliation
Under Federal law, retaliating against an employee for complaining of discrimination – or being a witness in another’s claim of employment discrimination – is prohibited. A recent case examined just how long between the time an employee complains about an action being discriminatory and when negative consequences occur supports a claim of retaliation. In Benuzzi v. Board of Educ.…
Read MoreEEOC Can Investigate Widespread Discrimination Even If Only One Employee Complains
Employment discrimination laws require you to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), the federal agency charged with investigating all claims of employment discrimination. As part of that process, the EEOC will begin an investigation into claim. Many people worry about taking the first step in filing a lawsuit and being…
Read MoreBuckley Bala Wilson Mew LLP Victorious In Reverse Race Discrimination Case. 11th Circuit Court of Appeals Determines Employees May Always Bring A Claim for Discrimination Where Circumstantial Evidence Of Discriminatory Intent Exists
In a recent 11th Circuit Court of Appeals opinion, Mitten v. Lockheed – Martin Aeronautics, the Appellate Court determined that an employee may bring a claim for relief where sufficient circumstantial evidence exists of racial discrimination. It is not necessary to show that another person in the same job position was treated more favorably in order to…
Read More$20 Million Settlement In Verizon Disability Discrimination Case
In the largest settlement in the history of the Equal Employment Opportunities Commission (EEOC), Verizon Communications has agreed to settle a class-action disability discrimination lawsuit. The lawsuit, EEOC v. Verizon Del. LLC, challenges the company’s attendance policies, asserting that the company violated the Americans with Disabilities Act (ADA) by maintaining attendance policies that did not…
Read MorePizza Chain Fined For Violating Overtime Pay Laws And Retaliation
Upper Crust, a gourmet pizza chain, continues to face legal problems as the result of failing to pay overtime compensation due to its employees. A Department of Labor investigation revealed that more than 100 employees were entitled to back wages pursuant to the Fair Labor Standards Act (FLSA). The same pizza chain recently came under…
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