Posts by Buckley Bala Wilson Mew LLP
What Is An Essential Function Of Your Job?
What is an essential function of your job? The answer may affect your ability to bring a disability discrimination lawsuit. A basic rule of the federal anti-disability discrimination law (the ADA and the ADAAA) is that employers are prohibited from discriminating against “qualified individuals with a disability” in the terms and conditions of employment. A…
Read MoreHow Does A Natural Disaster Impact Your Take Home Pay?
What happens if you are scheduled to work and a hurricane strikes, or your office building floods, or the weather prevents you from getting to work? Are you entitled to be paid when a natural disaster keeps you from putting in the hours planned? A lot of that depends on whether you are considered an…
Read MoreHospital Worker Fired For Refusing Flu Shot Due To Vegan Beliefs Can Sue Hospital for Religious Discrimination
Title VII of the Civil Rights Act of 1964 Act prohibits religious discrimination. This federal anti-discrimination law means your employer may not discriminate against you “because of” your religious beliefs. The law also prohibits harassment based on your religious beliefs as well as retaliation against you for complaining about religious discrimination or for participating in…
Read MoreWhat Constitutes Retaliation In A Fair Labor Standards Act Case?
The Federal Fair Labor Standards Act (FLSA) provides certain minimum wage and overtime standards that apply to nearly all U.S. employers. Pursuant to the FLSA, employers must pay workers at least minimum wage ($7.25/hour, although in some states the wage is higher) and pay all non-exempt workers overtime compensation for time worked in excess of…
Read MoreRepeated Racial Slurs And Threatening Behavior Constitute Race Harassment
Unfortunately race discrimination in the work place continues to exist well into the 21st Century despite efforts to improve the working conditions for all employees. In order to help get rid of racism in the workplace, lawmakers enacted federal labor laws, including Title VII of the 1964 Civil Rights Act to rid the workplace from…
Read MoreRace 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…
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