EMPLOYMENT LAW

EEOC files its first case alleging transgender bias

11/20/2014
For the first time in its history, the EEOC has filed suit against employers alleging discrimination against transgender employees.

White House shuffles NLRB nominees ahead of Senate shift

11/17/2014
Seeking to speed up appointments to the National Labor Relations Board before Republicans take control of the Senate in January, the Obama administration has withdrawn a controversial nominee and replaced her with a prospective member it hopes will win swift approval.

Warn your supervisors: Oral promises can be binding

11/17/2014
Make sure managers know that promises don’t necessarily have to be in writing to be binding. The more specific the promise, the more likely a court could hold you to it.

Court: Assaulting passenger wasn't part of cabby's job

11/16/2014
A Pennsylvania man recently lost both rounds of a fight that began when he tried to skip out on his taxi fare.

Bullying alone is not legitimate grounds for lawsuit--yet

11/14/2014

Employers should, of course, always discourage bullying. It crushes employee morale and spikes turnover. But unless employees can prove they were targeted for bullying and harassment based on a protected characteristic (sex, race, age, etc.), they typically won’t have a case against an equal-opportunity screamer boss.

Employee testifies in lawsuit: That's protected activity

11/14/2014
Goodwill Industries will pay $100,000 to settle a long-standing lawsuit for retaliation filed by the EEOC.

Focus on transgender discrimination as EEOC brings first cases

11/13/2014
Just before the launch of Amazon's new TV series about a 70-year-old divorced father who announces to his children that he intends to transition from a man to a woman, the EEOC filed its first-ever lawsuits alleging sex discrimination against transgender individuals.

Choir director hires top attorney for gay-bias suit

11/13/2014
A gay man who directs the choir at St. Victoria Catholic Church in Vic­­­­toria has retained the attorney who represented Minnesota Vikings punter Chris Kluwe after the athlete alleged that the team was intolerant of gays.

EEOC sues FedEx for bias against hearing-impaired staff

11/13/2014
Shipping giant FedEx faces an EEOC lawsuit alleging that it systematically fails to accommodate deaf and hearing-impaired employees.

FMLA may cover some independent contractors

11/13/2014
A federal appeals court has cast doubt on the longstanding belief that independent contractors are never “employees” under the FMLA.

Watch out for rivalry that could spawn lawsuit

11/13/2014
In highly competitive fields, it’s not unusual for bosses and subordinates to distrust one another. But when that distrust leads to one party badmouthing the other, that can spawn a lawsuit.

No touching required to support lawsuit alleging supervisor harassment

11/13/2014

There’s flirting and then there’s sexual harassment. If the flirter is a supervisor, it’s probably sexual harassment whether or not there was any physical contact. Set a strict no-fraternization rule for supervisors and subordinates.

When 'manager' doesn't manage, title doesn't determine exempt status

11/13/2014
Just because an employee is called a supervisor and sometimes tells others what tasks to perform, that doesn’t mean she’s an exempt admin­­istrative or executive employee. It’s the actual duties performed day to day that count.

Older workers driving up insurance costs? That's no reason to terminate them

11/13/2014

Because it costs more to provide health insurance for older workers, some employers may be tempted to trim their workforce of older workers during reductions in force. Or they may think twice before considering hiring an older applicant. Such actions carry considerable risk that the employee or applicant will sue for age discrimination.

Wells Fargo pays to settle Minneapolis race bias suit

11/13/2014
The Minneapolis personal insurance office of banking giant Wells Fargo has agreed to settle an EEOC race and national origin discrimination claim.
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