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

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

OSHA Protects Employees who Report Workplace Violence From Retaliation

A recent lawsuit brought by OSHA against a Florida employer and its owner indicates that employers should be careful when terminating an employee who makes a complaint about workplace violence. The employee alleged that the owner behaved abusively, made inappropriate sexual comments and advances, yelled, screamed and made physically threatening gestures. The employee told the… Continue reading OSHA Protects Employees who Report Workplace Violence From Retaliation

Portland Employers: Be Aware of Proposed Paid Sick Leave Ordinance

The Portland City Council recently held a public hearing to discuss an ordinance that will provide employees with up to 40 hours of paid sick leave annually. The current proposal applies to employers with six or more employees and, if passed, will go into effect on January 1, 2014. A task force is currently considering… Continue reading Portland Employers: Be Aware of Proposed Paid Sick Leave Ordinance

Do Not Fire an Employee who Refuses to Give up Rights to File an EEOC Claim

Here is the hypothetical: Employer has an employee who is going to sign a “last chance agreement” in connection with performance or other disciplinary issues. The agreement includes language which prohibits the employee from filing charges with the EEOC for events that occur in the future. The employee refuses to sign the agreement because he… Continue reading Do Not Fire an Employee who Refuses to Give up Rights to File an EEOC Claim

Rescinding Reasonable Accommodation Might be Evidence of ADA Violation

A recent settlement reported by the EEOC suggests that employers should be careful when rescinding accommodations previously provided to disabled employees.  The EEOC’s case alleged that the employer failed to provide an alternate reasonable accommodation, refused to engage in the interactive process, and fired the employee in retaliation for requesting an alternate reasonable accommodation.  Of note… Continue reading Rescinding Reasonable Accommodation Might be Evidence of ADA Violation