On Friday, the U.S. Supreme Court overruled its 40-year-old decision in Chevron v. Natural Resources Defense Council, which had lawyers buzzing and many others wondering what the big deal with Chevron is anyway. I’ll explain. What is Chevron? In Chevron, the Supreme Court had to decide whether the Clean Air Act…
An employee in his early sixties worked under several managers, one of whom referred to the employee as “my b***h,” “motherf****r,” “old fart,” and “old motherf****r.” Upon seeking a raise, another manager told him that he was making too much money already and that “knowledge [did] not matter.” The employee…
The U.S. Equal Employment Opportunity Commission recently sued an employer who told an employee to leave on her first day of work shortly after she requested reasonable accommodations for her visual impairments and later fired her the same day after the employee’s advocate offered to pay for accommodations. Here’s more…
Federal circuit courts are split over whether former employees may sue their employers under the ADA for discrimination in the provisions of post-employment benefits. Two say they can; four say they can’t. Yesterday, the Supreme Court agreed to resolve the matter. It will do so at the request of a…
The hostess at an Asian-American restaurant in Chicago, Illinois, was employed in that role for about two years. Two years the restaurant probably wishes it could have back. The Seventh Circuit Court of Appeals noted that the owners and general manager observed that the hostess was impatient with guests, gave…
On Friday, a federal judge in Arkansas dismissed a lawsuit that 17 states had filed challenging aspects of the U.S. Equal Employment Opportunity Commission’s final rule to implement the Pregnant Workers Fairness Act (PWFA) — specifically the part that deals with “elective abortions.” Yesterday, another federal judge in Louisiana enjoined the EEOC from requiring employers in Louisiana…
On Friday, a federal judge in Arkansas dismissed a lawsuit that 17 states had filed challenging aspects of the U.S. Equal Employment Opportunity Commission‘s final rule to implement the Pregnant Workers Fairness Act (PWFA) — specifically the part that deals with “elective abortions.” The PWFA requires most employers with 15 or more…
Last month, I explained how easy it is for an employee to plead a discrimination claim under the Age Discrimination in Employment Act. Yet, last night, I read an opinion in which the Fifth Circuit Court of Appeals had to correct not one but two judges on the pleadings standards.…
A federal appellate court recently breathed new life into the discrimination claims of a tanker driver alleging that his race motivated his employer to terminate his employment for it deemed reckless driving. His evidence? His employer had treated him differently than other tanker drivers who engaged in conduct that was…
See what you think of this. An employee who recently returned from breast cancer surgery complains to her manager that her job “was hard for her physically,” she “was struggling” and “needed some time to get back to normal.” The employee added that she had worked 53 hours the week…