Transfer For Medical Treatment Determined To Be A Reasonable Accommodation
In a case of first impression, a New Mexico court looked at whether a woman could sustain a case under the federal Rehabilitation Act after her employer denied her request to transfer her from her position in Texas to one in New Mexico to facilitate her medical treatment. In Sanchez v. Vilsak, the Tenth Circuit appellate…
Read MoreEnglish Only Laws May Constitute National Origin Discrimination
Many times discrimination is blatant. Other times a policy may not appear to be discriminatory on its face, but on closer examination the effect is to discriminate against a certain group. Either instance may lead to a successful discrimination case. Consulting with a knowledgeable Georgia national origin discrimination attorney is important if you believe you have suffered…
Read MoreEmployers May Be Required To Transfer Disabled Workers To Vacant Positions
If you can’t do your job because of a disability, your employer must transfer you to a vacant position you are qualified for, a recent disability discrimination case determines. In EEOC v. United Airlines Inc., the 7th Circuit reversed previous case law, concluding that absent a “particularized showing of undue hardship” the Americans with Disabilities Act requires employers…
Read MoreOrder That Worker Undergo Psychiatric Counseling Violates Federal Discrimination Laws
The Americans With Disabilities Act (the “ADA”) and the Americans With Disabilities Act Amendments Act (“ADAAA”) provide much needed protections for certain “qualified individuals” to ensure they do not suffer job discrimination as the result of a disability or perceived disability. The ADA also prohibits disability harassment and retaliation against you for complaining about disability…
Read MoreMan Who Took Husband’s Last Name May Maintain Sex Discrimination Case Against Employer
Workers can bring cases based on sex and disability discrimination for a variety of reasons. Although in some situations the discrimination may be obvious such as firing an employee for turning down sexual advances, other times the discrimination may not be readily apparent. In a recent employment discrimination case out of Ohio, Koren v. Ohio Bell…
Read MoreRaising The Minimum Wage Benefits All
This year there’s been an ongoing debate in Congress concerning raising the federal minimum wage. The current federal minimum wage is just $7.25/hour with the minimum cash wage for tipped workers $2.13/hour. Further, because these amounts are not adjusted for inflation the amount minimum wage workers take home is becoming increasingly tight. In fact, single…
Read MoreADA May Protect Trainees, Not Just Employees
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) prohibits discrimination against “qualified individuals with a disability” concerning the terms and conditions of employment. This means that if you are considered a “qualified individual” and your employer takes a negative employment action – such as firing, failing to hire,…
Read MoreVegas Casino Case- Smith v. Wynn – Finds Tip- Sharing Policies Violate State Law
A recent case out of Las Vegas places the tip sharing policies of some high profile casinos under intense scrutiny. At issue – a tip sharing policy that requires Las Vegas Strip casino workers to share their tips with their supervisors. Last week the Nevada District Court ruled that the policy in place at Wynn…
Read MoreVeterans Entitled To Get Their Job Back Without Having To Submit New Screening Process
In recognition of the sacrifices of our uniformed service members, and the need of reserve members and National Guard members to balance the demands of serving their country and maintaining their jobs, the federal government has passed laws protecting armed service members concerning their “reemployment” rights. Called the Uniformed Services Employment and Reemployment Act (USERRA),…
Read MoreCourt Upholds Jury Award Based On Repeated Use Of Derogatory Term
Unfortunately despite efforts to eradicate sexism and it’s existence in the workplace, many workers still report instances of harassment, name-calling and negative treatment based on their gender. Either men or women can be victims of sex harassment or sex discrimination. Whenever you are subjected to bias based on your gender you may have a claim…
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