Everything is Bigger in Texas

Even the mistakes employers make. A recent EEOC lawsuit asserts that a Texas car dealer violated the ADA by firing its general manager because he has multiple sclerosis. The dealership allegedly told the employee he would not receive a promised partnership interest because of his MS.  Other big, bad facts include an allegation that the employee’s… Continue reading Everything is Bigger in Texas

Employee Cannot be Denied Promised Severance because of EEOC Claim

According to the EEOC, it is a violation of Title VII and the ADA for an employer to offer a large group of employees severance in connection with a lay off, but refuse to pay severance to the one employee in the group who previously filed an EEOC charge against the employer. It will also… Continue reading Employee Cannot be Denied Promised Severance because of EEOC Claim

Minimum Wage and Overtime for Domestic Service Workers

Beginning in January 2015, many direct care workers, including certified nursing assistants, home health aides, personal care aides and other caregivers employed by home care agencies and other third party employers, will be entitled to minimum wage and overtime pay as a result of a new rule issued by the Department of Labor.  Generally, the… Continue reading Minimum Wage and Overtime for Domestic Service Workers

Building a Wheelchair Ramp Can be a Reasonable Accommodation

Especially when the employer is a general contractor. In a recent EEOC settlement, the employer, a major national general contractor, fired an employee days after she asked for a reasonable accommodation consisting of a wheel chair ramp and the right to use crutches and a walker while recovering from leg surgery. The employer later settled with… Continue reading Building a Wheelchair Ramp Can be a Reasonable Accommodation

DOL Issues Guidance on Same-Sex Marriages and Employee Benefit Plans

Yesterday, the Department of Labor issued a technical release (No. 2013-04) that provides guidance to plans, plan sponsors, fiduciaries, participants and beneficiaries on the impact of the Supreme Court’s decision in U.S. v. Windsor, which found section 3 of the Defense of Marriage Act, which defined “marriage” as a legal union between one man and… Continue reading DOL Issues Guidance on Same-Sex Marriages and Employee Benefit Plans

Homecare Service Provider Cannot Discriminate against Male Caregivers

Last week, the Department of Labor entered into a conciliation agreement to settle claims of sex discrimination by men who applied to work as in-home care providers for a homecare services business, Res Care. The case was pursued by the DOL because ResCare is a federal contractor. The DOL concluded that more than 70 male… Continue reading Homecare Service Provider Cannot Discriminate against Male Caregivers

October 21, 2013 –Deadline for Veterans in Oregon to Request Veteran’s Day Off

In April 2013, Oregon enacted a new law that requires employers to give veterans time off for Veteran’s Day, which is November 11, 2013. Under the law, eligible veterans are entitled to take Veteran’s Day off without pay (or with pay at the employer’s discretion), provided they request the day off at least 21 days before the… Continue reading October 21, 2013 –Deadline for Veterans in Oregon to Request Veteran’s Day Off

Abercrombie & Fitch’s “Look Policy” Does not Justify Religious Discrimination

Abercrombie & Fitch (A&F) is no stranger to litigation arising from its hiring and personnel practices. In 2005, it settled a class action lawsuit for discrimination based on its failure to hire women and minorities. Since then, it has frequently come under attack for refusing to hire employees who do not represent its brand ideal… Continue reading Abercrombie & Fitch’s “Look Policy” Does not Justify Religious Discrimination