Curious About Why an Employee is Taking Sick Leave? – Don’t Be

The EEOC recently settled a class action suit against Dillard’s Department store for disability discrimination for $2,000,000.  Dillard’s had a practice of asking employees to disclose the exact nature of their medical conditions to be approved for sick leave, even where an employee provided verification from a doctor that confirmed a medical reason for the absence. … Continue reading Curious About Why an Employee is Taking Sick Leave? – Don’t Be

$500,000 for Discriminating against American Workers – Here in America

Today the EEOC announced a settlement with an agricultural farm in Georgia arising from the farm’s discriminatory treatment of its American seasonal workers.  The farm was accused of unlawfully engaging in a pattern or practice of discrimination against these workers by firing virtually all American workers while retaining workers from Mexico. The farm was also accused… Continue reading $500,000 for Discriminating against American Workers – Here in America

Employer May Not Coerce Employee into attending a Scientology Seminar

The Commissioner of the Oregon Labor and Industries Commissioner recently ordered a Central Oregon dentist to pay $347,654 to a former employee for religious discrimination.  The employee was forced to flee from her job when the dentist ordered her to attend a three-day scientology affiliated symposium or be fired.  The employer badgered the employee for… Continue reading Employer May Not Coerce Employee into attending a Scientology Seminar

Penalty Flag for Employer Who Bumps Pregnant Employee from Shift

On November 28, 2011, the EEOC announced a settlement with an Arizona restaurant that refused to schedule a pregnant employee to work on Sundays during football season.  The restaurant was alleged to have barred the pregnant employee from the lucrative Sunday shift because male customers did not wish to see a pregnant women while they… Continue reading Penalty Flag for Employer Who Bumps Pregnant Employee from Shift

Supreme Court May Resolve Appeal Court Conflict on “Supervisors”

Today the U.S. Supreme Court is hearing oral argument in a case that may impact when an employer is liable for harassment by certain employees. The case is Vance v. Ball State University, and turns on the definition of the word “supervisor” under Title VII, a federal civil rights law that prohibits racial, religious or… Continue reading Supreme Court May Resolve Appeal Court Conflict on “Supervisors”

Male on Male Sexual Harassment will Cost You

In the case of Spark’s Steakhouse (infamous location of a high profile mafia shooting in 1985), it cost $600,000.00 for them to settle an EEOC lawsuit arising from eight years of harassment of male waiters by a male manager.  Spark’s was not helped by the fact that the owners and management did not stop the harassment… Continue reading Male on Male Sexual Harassment will Cost You

Employer Pays $4.85 Million to Settle EEOC Disability Suit

Today the EEOC announced a settlement that serves as a reminder that an employer’s obligation to provide leave to an employee does not end at the expiration of the employee’s 12 week leave under the Family Medical Leave Act (FMLA).  The settlement also makes clear that policies that call for automatic termination if an employee does… Continue reading Employer Pays $4.85 Million to Settle EEOC Disability Suit

Potential Rule Change for Eligibility under the Oregon Military Family Leave Act

November 9, 2012, is the last day for public comment on a proposed change to the Oregon Military Family Leave Act (OMFLA).  The change would permit employees to take OMFLA leave even if they are not eligible for protected leave under the Oregon Family Leave Act (OFLA).  Currently, to be eligible for OMFLA, which permits… Continue reading Potential Rule Change for Eligibility under the Oregon Military Family Leave Act

“At-Will” Policy Does Not Violate the National Labor Relations Act

Yesterday, the Office of the General Counsel of the National Labor Relations Board (NLRB) issued an Advice Memorandum which analyzed whether an “at-will” employment  provision in a handbook violated Section 8(a)(1) of the NLRA because it was overbroad and would reasonably chill employees in the exercise of their rights.  Section 8 generally prohibits employers from interfering… Continue reading “At-Will” Policy Does Not Violate the National Labor Relations Act

An Easy Way to Create a Claim for Retaliation

Tell an employee who complains of harassment that they are fired because they are “causing too many problems” for the employer.  That is exactly what a Dairy Queen supervisor told an 18-year-old female employee when he fired her after she was subject to harassment so severe that her mother called the police to file a harassment… Continue reading An Easy Way to Create a Claim for Retaliation