***checks notes*** unlawful In a press release issued on Monday, the EEOC claims that an employer violated Title VII of the Civil Rights Act of 1964, which makes it unlawful to discriminate based on pregnancy, when it failed to hire an applicant as a hair braider because she was pregnant.…
So much about what I’m about to tell you is messed up. Last night, I read a Sixth Circuit opinion about a maintenance technician whose job involved servicing and maintaining a fleet of police vehicles, as part of which he agreed to install new dashboard cameras in four police cruisers.…
Let me set the scene for you. A teacher who had just taken leave under the Family Medical Leave Act during the height of the COVID-19 pandemic to undergo heart and kidney transplant surgeries learns that the school where he teaches is requiring in-school teaching. Because he is immunocompromised, his…
Back in the day, it could be difficult for a plaintiff claiming disability discrimination even to prove that they had a disability. Before Congress amended the Americans with Disabilities Act in 2008, the Supreme Court held that an impairment must be “permanent or long term” to qualify as a disability.…
I’ll go ahead and file this one under: “Ya think?” But perhaps I’m getting out over my skis. So, let’s see what you think. The employee was a bank teller who filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission against her employer. She later resigned, claiming…
Because I’m here to remind you (and tell them) that “salary exempt” generally means nothing unless the employee performs certain duties. But let’s start with the basics. The Fair Labor Standards Act requires most companies to pay their U.S. employees at least the federal minimum wage for all hours worked and overtime…
An employee claiming that she endured sexual harassment must present evidence of “severe or pervasive” conduct based on her sex that was bad enough to interfere with her working conditions or create an intimidating workplace. When a plaintiff initially presents these claims in court an initial filing, she does not…
The answer is yes. (You weren’t expecting that, were you?) But here’s the thing. The company must base its decision not to rehire a former employee on a legitimate reason. For example, suppose an employee worked as a bartender, and the company terminated her employment for being late to work…
Nothing ventured, nothing gained. Last night, I read a Pennsylvania federal court decision about an employer who tried to use an arbitration agreement with its employee to stop an investigation by the Pennsylvania Human Relations Commission (PHRC), the state’s version of the U.S. Equal Employment Opportunity Commission. Consistent with a…
Let’s start with what you probably know already — especially if you are an employment lawyer. To prevail on a hostile work environment claim, a plaintiff must show that she was harassed based on some protected class. In plain English, enduring hostile behavior isn’t enough. A woman alleging a hostile…