A director for a major transit authority applied for two internal promotions. She didn’t get either. Feeling that she was more qualified than either successful candidate, the director reported discrimination internally and later filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission. Among other things, she alleged in the EEOC Charge that, after her internal report of discrimination, she experienced retaliation. For example, she alleged that he performance review scores went down, her workload increased, and some analysts no longer reported to her.
That’s not great. But, is it what the law considers “retaliation”?
On Friday, the National Labor Relations Board issued a decision in Cemex Construction Materials Pacific, LLC that it claims in this press release will “effectuate employees’ right to bargain through representatives of their choosing and improve the fairness and integrity of Board-conducted elections.”
That’s one way of putting it. Continue reading
Earlier this month, a federal appellate court had to decide whether a hospital employee could perform her job remotely or whether the job’s essential functions required her to come to work in person.
Spoiler alert: The plaintiff lost the failure-to-accommodate claim she asserted under the Americans with Disabilities Act.
Imagine a business that gives its employees two days off each week. There’s nothing abnormal about that.
However, the company uses a sex-based policy to determine which two days an employee can pick. Only men can select full weekends off—women cannot. Instead, female employees can pick either two weekdays off or one weekend day plus one weekday; they never get an entire weekend off.
Because who is going to click if I had titled this post, “The Third Circuit clarifies when compensable work is the ‘integral and indispensable.'”
But, now that you’re here, you might as well stick around for this wage-and-hour lesson. Continue reading