Last month, the Supreme Court handed down – if not the most important – certainly, the highest-profile decision of this term with Wal-Mart v. Dukes. However, in addition to this headline-grabber, this term saw four other significant employment-law decisions from the High Court about which employers must take note. After…
Articles Posted in Discrimination and Unlawful Harassment
Can a bridge worker with a fear of heights have a viable ADA claim?
Today, I get to sleep in because The Employer Handbook has a guest blogger. It’s Andrew Kim, a summer associate at Dilworth Paxson LLP: * * * Some people have no problem with heights (as seen above). But Darrell Miller, a bridge worker, had acrophobia (a.k.a. the fear of heights).…
EEOC buzz: deliberate discrimination against job seekers
Yesterday, the EEOC held a meeting to discuss what it deems a “major national problem”; namely, deliberate discrimination against job seekers based on their race, sex, age, national origin or other prohibited basis. After the jump, I’ll summarize the meeting and offer some tips for employers to help them stay…
What Wal-Mart’s High Court win means for employers, large and small
As reported on this blog yesterday, as well as in a gazillion other news outlets — but probably here first firstish — the U.S. Supreme Court has overturned certification of a potential class of 1.5 million current and former female employees seeking relief against Wal-Mart for alleged gender discrimination. After…
BREAKING: Supreme Court reverses Wal-Mart v. Dukes class action
The United States Supreme Court has just overturned a Ninth Circuit decision that would have allowed 1.5 million female employees to pursue a class-action gender discrimination lawsuit against Wal-Mart Stores, Inc. You can read a copy of the Supreme Court’s opinion here. I’ll have more on this decision tomorrow at…
$1,000 fine per day for not posting notice of harassment verdict
There once was an employer in Racine. With a manager whose antics were racy. The court said, “You lose!” Now, tell everyone the news. And if you disobey, it’ll cost you big money. *** Although I feel rhyming “Racine” with “racy” was pure Shakespeare, I’m fairly certain that Edward Lear’s…
What to know about providing disabled employees time off work
The Americans with Disabilities Act (ADA) prohibits discrimination in the workplace against disabled individuals. By law, if an employer knows that an employee or applicant is disabled, it must reasonably accommodate the known disability, if doing so would not impose an “undue hardship” on the operation of the employer’s business.…
Fact or fiction: Federal law recognizes “reverse age discrimination”
Welcome to the inaugural edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post“. So, I was recently asked whether a younger employee may have a federal age-discrimination claim against his employer if the company treats a…
Supreme Court limits an employer’s ability to recoup attorney’s fees
In an employment discrimination action asserted under federal law, an employee-plaintiff may recover a reasonable attorney’s fee if the plaintiff prevails. So too may an employer-defendant recover fees if it prevails and the court determines that the plaintiff’s suit is frivolous. But what happens if an employee-plaintiff asserts multiple claims…
“Cat’s Paw” doctrine applies to claims of age bias
Wednesday night was crazazy, yo! I had this dream that was I slaloming down a snowy mountain towards a giant fortress under a hail of gunfire. But the next thing I know, I wake up and I’m falling down this elevator shaft. And, just as I’m about to bite it,…