We previously posted about how employer policies that provide for automatic termination of employees who cannot return to work at the end of FMLA covered leave run afoul of the ADA. On a related note, an employer who fails to provide reasonable accommodation to employees at the end of an ADA based leave of absence… Continue reading Another Reminder – Termination of Employment at End of Disability Leave is Not OK
Month: March 2013
More on The City of Portland’s New Paid Sick Leave Ordinance
The City of Portland recently enacted a paid sick leave ordinance that requires employers in the City of Portland with 6 or more employees to provide eligible employees with 40 hours of paid sick leave per calendar year. Employers with 5 or fewer employees must provide 40 hours of unpaid sick leave per year. http://www.portlandonline.com/fritz/index.cfm?c=49205&a=439978.… Continue reading More on The City of Portland’s New Paid Sick Leave Ordinance
Refusal to Hire Employee who is not Christian Enough is Illegal
Typically, religious discrimination cases arise from employer refusals to accommodate religious observance. A recent settlement reported by the EEOC sheds light on a different kind of discrimination – an employer who refuses to hire a qualified applicant because the applicant’s religious beliefs are not strong enough. Here is what happened: The employer advertised an open… Continue reading Refusal to Hire Employee who is not Christian Enough is Illegal
Washington Senate Seeks to Limit Seattle’s Sick Leave Law
According to The Olympian, the Washington Senate has approved a measure to limit Seattle’s sick leave law, which requires businesses with at least 5 employees to provide paid sick leave to those employees. The measure prohibits local governments from enforcing the law unless the business is physically located in the local government’s jurisdiction, or if… Continue reading Washington Senate Seeks to Limit Seattle’s Sick Leave Law
2nd Circuit adopts EEOC Rule regarding Employer Liability for Non-Employee Harassment
2nd Circuit adopts EEOC Rule regarding Employer Liability for Non-Employee Harassment In Summa v. Hofstra Univ., 2013 U.S. App. LEXIS 3677 (2d Cir. N.Y. Feb. 21, 2013), the plaintiff employee, who worked as the manager for the football team, alleged she was subject to sexual harassment by members of the football team. In response to the… Continue reading 2nd Circuit adopts EEOC Rule regarding Employer Liability for Non-Employee Harassment
Proposed HB 2950 Expands Oregon Family Leave to include 2 weeks of Bereavement Leave
For employers covered by OFLA (generally, employers with 25 or more employees), there is proposed legislation that would amend OFLA to permit employees to take up to 2 weeks of unpaid leave to “deal with the death of a family member.” Employees must take bereavement leave within 3 months after the death of the family member or… Continue reading Proposed HB 2950 Expands Oregon Family Leave to include 2 weeks of Bereavement Leave
Non-Profit Settles Claims it Retaliated against Rastafarian Employees
The EEOC has announced a settlement with a non-profit real estate developer arising from claims that the developer unlawfully fired a black Rastafarian employee for complaining about: racism; about an incident when a non-Rastafarian threatened to shoot a group of Rastafarian employees, and in retaliation for filing an EEOC complaint arising from these actions. The… Continue reading Non-Profit Settles Claims it Retaliated against Rastafarian Employees
BOLI Guidance on Marijuana in the Workplace
Recent Employer advice column helps clarify the intersection of drug free workplace policies and recent state laws legalizing use of marijuana. http://www.oregon.gov/boli/TA/docs/TA_Col_01-01-2013_Marijuana.pdf
From the Department of Adding Insult to Injury – Employer who Loses Discrimination and Retaliation Case is Ordered to Help Winning Employee Pay Taxes on his Damages Award
In September 2012, RadioShack lost an age discrimination suit in which the employee alleged that he was discriminated against because of his age and fired in retaliation for complaining to HR about the discrimination. A jury awarded the employee $187,706 in back pay on his retaliation claim and found the employer’s actions to be willful.… Continue reading From the Department of Adding Insult to Injury – Employer who Loses Discrimination and Retaliation Case is Ordered to Help Winning Employee Pay Taxes on his Damages Award
