African American Worker Can Bring Discrimination Lawsuit Based On “Cat’s Paw” Doctrine
One question that comes up a lot in race discrimination cases is “Can I file a lawsuit against my employer for discriminatory actions of a co-worker?” For example, sometime a supervisor or other co-worker may file a complaint against you or harass you just because of your skin color, your religion or your sex. In…
Read MoreSkycaps Reach Settlement With Airlines In Minimum Wage Lawsuit
An interesting minimum wage lawsuit has just settled that has the potential to affect airport workers, including those at Hartsfield-Jackson Atlanta International Airport. In the minimum wage case, numerous airport skycaps filed a lawsuit against United Airlines alleging that the companies that the airlines contracts around the country failed to pay them the minimum wage…
Read MoreTeacher With Seasonal Affective Disorder Has Claim Under The ADA Against School For Failing To Transfer Her To A Windowed Room
Many people wonder what constitutes a disability for purposes of the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA). The ADA and ADAAA make disability discrimination illegal and in many cases it may be possible to file a lawsuit and obtain damages if you have been discriminated against due…
Read MoreSupreme Court To Help Define Who Is An Employer
In a case that could potentially have far-reaching impact, the U.S. Supreme Court has agreed to accept a case that deals with the question – “who is an employer?” At first glance, this seems like a straightforward question however, it is a complicated inquiry that even courts don’t always agree on. For example – can…
Read MoreUPS Driver May Maintain Racial Harassment Case After Co-workers Left Banana Peels In His Truck
Although what constitutes actions that are “enough” to show racial harassment isn’t set is stone – case law provides some guidance. In some situations the harassment is obvious – such as a noose in the workplace. Other times case law finds racial discrimination exists because of subtle practices that tend to screen out minority applicants…
Read MoreRaising The Minimum Wage Would Benefit Workers And The Economy
Recently federal lawmakers have introduced measures in congress to raise the federal minimum wage to $10 and hour from its current $7.25. As expected, detractors raise the same arguments against increasing worker’s minimum hourly pay. However, not only is raising minimum wage an issue of basic fairness, it has also been shown to benefit the…
Read MoreActions That Create A Hostile Work Environment May Be Grounds For A Retaliation Lawsuit
In a recent employment discrimination case, the U.S. Court of Appeals for the 11th Circuit determined that employees who experience a hostile work environment may file and maintain claims of retaliation under Title VII of the Civil Rights Act of 1964, a federal law that prohibits employment discrimination in the workplace. Title VII prohibits discrimination…
Read MoreEmployees May Be Held Personally Liable For Retaliation
In an interesting case, the 7th circuit court of appeals determined that an employee may be held personally liable where their actions lead an employer to retaliate against employee. In Smith v. Bray, a black employee was fired for allegedly taking unapproved leave. Smith had fired race discrimination and retaliation charges against the company, his former supervisor and…
Read MoreBias Doesn’t Have To Be “Sole Reason” For Termination To Bring A Claim For Discrimination
A recent case determined that you may be able to sue for employment discrimination if your race (or gender, or national origin) was a reason for an “adverse” employment action, but not the only reason. In Ponce v. Billington, a Cuban American applicant for a Library of Congress job filed a discrimination lawsuit alleging that he…
Read MoreWhen Must I Be Paid As An Intern?
Despite recent efforts to clarify just when it’s acceptable to hire an unpaid intern, many workers – including large numbers of college students – report mistreatment and confusion surrounding the rules. In fact, news has reported on several high profile lawsuits concerning internships at Harper’s Bazaar and Fox Searchlight. Remember – if you’re working at…
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