Latest Posts › Employer Liability Issues

Share:

Fourth Circuit Says Failure to Advise Employee of Leave Reinstatement Interfered with FMLA Rights

The U.S. Supreme Court’s 2002 Ragsdale decision rejected Department of Labor regulations stating that failure to provide employees with notice of leave rights was a per se violation of the Family and Medical Leave Act....more

Fourth Circuit Says Standard for Adverse Action in Retaliation Claim is Significantly Lower Than That for Discrimination Claims

The Supreme Court’s 2006 Burlington Northern decision concluded that employers engage in retaliation against protected employees when they take action that would deter a reasonable person from filing an EEOC charge or...more

Fourth Circuit Says Employer-Sponsored Training Through Community College May Be Compensable Working Time

The Fair Labor Standards Act contains regulations explaining when time spent by new employees training for their jobs is compensable working time. In most circumstances, the employer must pay trainees for time spent learning...more

EEOC Not Required to Conciliate Class Claims On an Individual Basis

In last year’s Mach Mining decision, the U.S. Supreme Court unanimously held that the Equal Employment Opportunity Commission is required to attempt to settle (“conciliate”) discrimination claims before bringing suit against...more

North Carolina Federal Court Says State Wage Payment Claims Cannot Be Waived Through Private Release

The Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) is among the minority of federal appellate circuits that restricts the ability of employers and employees to release claims for unpaid...more

Repeated Touching Enough to Justify Same-Sex Harassment Verdict

Plaintiffs seeking compensation for sexual harassment must demonstrate that they were subjected to a hostile and offensive working environment. Plaintiffs in same-sex harassment claims have the additional burden of proving...more

Final EEOC Charge Statistics for FY 2015 Show Increase in Retaliation Claims

Earlier this month, the Equal Employment Opportunity Commission released final statistics on charges of discrimination filed during the most recent fiscal year. The total charges rose slightly over 2014, but remained well...more

Eleventh Circuit Agrees That Discrimination Against Transgendered Employees Violates Title VII

In recent years, the Equal Employment Opportunity Commission and federal courts across the U.S. have increasingly agreed that discrimination against transgendered employees is a form of sex discrimination under Title VII....more

EEOC Settles GINA Lawsuit Against Employer Using Outdated Medical Forms

The Genetic Information Non-Discrimination Act (GINA) prohibits employers from asking employees questions about their family medical histories in most circumstances. However, doctors’ medical questionnaires have for decades...more

Job Applicants May Bring Disparate Impact Age Discrimination Claims

Plaintiffs can sue for employment discrimination under federal civil rights laws using two theories. Disparate treatment claims allege that the plaintiff was treated differently based on his or her protected status. Disparate...more

Third Circuit Finds Host Company Subject to Title VII Discrimination Claims by Temp

Some employers prefer using temporary workers due to the added flexibility they provide in terms of filling roles not suited for permanent employees. However, some employers persist in believing that obtaining workers from a...more

Employee on Extended Medical Leave Cannot Claim ADA Violation for Reduced Discretionary Bonus

The Americans with Disabilities Act prohibits employers from discriminating against protected individuals with respect to terms and conditions of employment, including compensation. Employers frequently ask whether these...more

Employee Does Not Have to Seek Raise to Maintain Pay Discrimination Action

Title VII and related federal anti-discrimination laws prohibit employers from discriminating against persons based on their membership in a protected category. These discrimination prohibitions include pay disparities. What...more

Second Circuit Affirms NLRB View That Facebook "Likes" Are Protected Concerted Activity

Last week, the Second Circuit Court of Appeals backed the National Labor Relations Board’s position that employee social media postings are protected concerted activity under federal law, even if they use obscenities that...more

Second Circuit Will Not Review Adequacy of EEOC Investigation

In its most recent term, the U.S. Supreme Court held in the Mach Mining case that federal courts have limited ability to review whether or not the Equal Employment Opportunity Commission fulfilled its statutory duty to...more

Employee's Change in Racial Self-Identification Cannot Support Discrimination Claim if Employer Unaware of Change

In recent years, more Americans have begun identifying themselves as biracial or of mixed racial heritage. This shift has resulted in changes to census and other forms where people are asked to self-identify by race. In...more

South Carolina Supreme Court Finds Employee Cannot Sue for Breach of Contract and Wrongful Discharge

As with most states, South Carolina recognizes an exception to its general employment at-will doctrine. Employers may terminate employees with or without cause, but not for any reason that violates the state’s public policy....more

Employee Assigned to Charlotte Operation But Working in South Carolina Cannot File North Carolina Comp Claim

Employers in cities like Charlotte that straddle state lines sometimes face interesting questions about the applicability of which state’s laws to their employment decisions. An employee may live in South Carolina, commute to...more

EEOC Sues Employer for Requiring That Epileptic Employee Take Medication as a Condition of Continuing Employment

On occasion, an employee’s medical condition may cause employers concern over that person’s ability to operate heavy machinery or otherwise to work in a hazardous environment. For example, an employee with epilepsy has...more

Changes to Pay Structure in Lieu of Requested Accommodations May Violate ADA and FMLA

Employers that receive requests for accommodation made by a disabled employee must remain careful about making significant changes to that employee’s terms and conditions of employment prior to concluding review and...more

EEOC Continues Attacks Against Employers Accused of Requiring Employee to Waive Rights to Bring Discrimination Charges

Last year, the Equal Employment Opportunity Commission garnered significant criticism from employers when it sued CVS over its standard releases used in conjunction with reductions in force and similar employee terminations....more

Despite Abercrombie, Fifth Circuit Again Rejects Claim From Employee Fired for Refusing to Read Rosary

Earlier this year in its Abercrombie decision, the U.S. Supreme Court stated that an employee suing for religious discrimination did not have to demonstrate actual knowledge of an employee’s religious practices to trigger...more

Terminating Employee on Day After Return From FMLA Leave Not Good Idea

In some situations, employees taking Family and Medical Leave were on shaky grounds with regard to their continuing employment prior to the absence. The employer then moves to terminate the employee either while he remains on...more

NLRB Says Filing Class Action Lawsuit is Protected Concerted Activity

Section 7 of the National Labor Relations Act prohibits employers from discriminating or retaliating against employees who engage in protected concerted activity. Concerted Activity means actions involving terms and...more

Fourth Circuit Rejects "Manager Rule" Exception to Title VII Retaliation Claims

Like most federal labor laws, Title VII of the Civil Rights Act of 1964 prohibits employers from retaliating against employees who oppose unlawful employment practices. However, a number of federal courts have adopted a...more

99 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide