Archive for 2012
Race Discrimination Lawsuit Allowed Under Cat’s Paw Theory
An African American was allowed to continue her race discrimination lawsuit, which also included claims of harassment and retaliation based on a legal theory called “cat’s paw”. The cat’s paw theory includes those situations where a co-worker, supervisor or other employee influences or a boss to fire someone or take other negative employment actions against…
Read MoreMedical Assistant May Bring Sexual Discrimination Claim Against Employer
A recent Pennsylvania case looked at whether a medical assistant who was subjected to three days of sexual overtures by a doctor who worked for her employer could go to trial on claims of sexual harassment and retaliation. The court determined she could. The medial assistant – Aimee Fox – complained about a doctor employed…
Read MoreUnpaid Volunteers Entitled To Legal Protection From Discrimination
Can you bring a sexual discrimination lawsuit if you are a volunteer? Yes said the 7th circuit court in a recent sex discrimination, sexual harassment, and retaliation case involving unpaid volunteers. The court in Volling v. Antioch Rescue Squad reviewed whether female members of a private, nonprofit rescue squad in Illinois may sue the two companies that…
Read MoreMan Fired After Complaining About Clocking In May Maintain Lawsuit For Retaliation
According to a recent federal lawsuit, a worker who kept forgetting to punch in for work but had an excellent attendance record showed could bring a claim for retaliation under the Fair Labor Standards Act (FLSA). In Kasten v. Saint-Gobain Performance Plastics Corp., a worker – Kevin Kasten – kept forgetting to clock in and…
Read MoreClass Action Gender Discrimination Lawsuit Filed By Female Lawyers At Major Law Firm
A large class action gender discrimination lawsuit has just been filed against a high profile law firm. The lawsuit Francine Friedman Griesing v. Greenberg Traurig, LLP, includes 215 women, was filed after the federal Equal Employment Opportunity Commission (EEOC) found “reasonable cause to believe” that the law firm discriminated against its female attorneys. The EEOC…
Read MoreWho’s The Boss? Supreme Court Set To Define Who Is A Supervisor In Employment Discrimination Cases
On Monday the U.S. Supreme Court heard argument concerning a seemingly easy question – Who’s is a supervisor? However, the Court’s decision in Vance v. Ball State University is likely to have a significant impact on future employment harassment and discrimination cases. Reports from the courtroom indicate the justices appeared “uncertain” about the best approach for resolving…
Read MoreOvertime Pay Lawsuits On The Rise
A new lawsuit alleging violations of the Fair Labor Standards Act (the “FLSA”), including the failure to pay required overtime compensation has been filed by two Charlotte bankers. The wage and hour lawsuit alleges that the bankers were required to work overtime hours in order to meet quotas, but were not paid for their time. The FLSA…
Read MorePolicy To Automatically Fire Employees After Using Up Leave Violates ADA
Your employer cannot automatically fire you once you have used up your leave, a U.S. District Court in Colorado has determined. The Equal Employment Opportunity Commission (EEOC) has just settled a $4.85 million lawsuit with the nationwide trucking firm, Interstate Distribution Company, stemming from allegations that the trucking firm automatically fired sick or injured employees…
Read MoreStates Seek To Extend Overtime Laws To Protect Farm Workers
The California legislature has passed a bill that seeks to extend overtime pay protections – such as those contained in the Fair Labor Standards Act (FLSA) – to state farm workers. If passed, these protections could serve as a model for other state and federal overtime pay laws. The California law provides that farm laborers…
Read MoreLeave May Be Considered A Reasonable Accomodation Under The ADA
Can leave be considered a “reasonable accommodation”? At a recent labor and employment conference, an employers’ duty toward workers with injuries was discussed. Calling the “American with Disabilities Act” (the ADA) an “inadvertent leave law” an EEOC Commissioner explained that after employees have exhausted the leave entitled to them under the Family and Medical Leave…
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