written before about the honest-belief rule - if an employer honestly
believed in the proffered reason for its action, an employee cannot establish
pretext, even if the employer's reason is ultimately found to be mistaken,
In Borough of Duryea v.
Guarnieri [ an enhanced version of this opinion is available to lexis.com
subscribers / unenhanced version available from lexisONE Free Case Law ],
the Supreme Court held that a government employer is not liable...
Last December , the NLRB proposed a rule requiring employers
to post notices informing their employees of their rights as employees under
the National Labor Relations Act. This morning, the NLRB published its Final
Rule [pdf] mandating this posting...
Suppose you apply for a job. The job has certain dress code requirements for all employees. You, however, think the mandatory clothing will look unflattering on your over-40-year-old body. Do you...
1. Look for a different job?
2. Apply anyway...
A Michigan federal judge has slammed the EEOC for its
"reckless sue first, ask questions later strategy." After 11 years of
litigation, the court awarded the EEOC's target, Cintas Corporation,
$2,638,443.93 in attorneys' fees, costs...
A Negative Job Reference Can Lead to a Claim
Philip B. Phillips
Providing negative job references to prospective
employers about one of your former employees could constitute unlawful
retaliation in violation of the Americans...
Five months ago, Ohio Gov. John Kasich (R) and Republican
lawmakers pushed through Senate Bill 5, restricting public employees'
collective bargaining rights, banning them from striking and requiring them to
pay a larger share of their health care...
by Alyssa A. Sloan
West Virginia law provides specific guidance regarding
the reporting of workplace injuries by both employees and employers.
For their part, every employee who sustains a workplace
injury is obligated to provide immediate - or...
In a significant employment law case, the Fourth Circuit ruled last Friday
that an employer may decline employment to a prospective employees due to her
having made FLSA charges against a previous employer. The case, decided 2-1
over a strong dissent...
Are you curious about how the NLRB has been handling
cases that involve allegations of employees disciplined or terminated for
social media activities, or allegations of overly broad social media policies
that could infringe on employees rights to...
Yesterday, the Wall Street Journal Law Blog ran a post about a
teacher fired from her job, allegedly because she spent too much time lactating
for her newborn child.
Heather Burgbacher, a teacher at a charter school in
Jefferson County, Colorado...
Recent Developments Highlight Need to Conduct
Individualized Analysis of Criminal Background Checks
Larry S. Perlman
As pre-employment criminal background checks have become
the norm, employers must take care to ensure compliance with federal...
Today, my daughter started kindergarten. To commemorate
this milestone, this month's Employment Law Blog Carnival celebrates the
synergy between the simple lessons we learn early in life and the places we
work later in life (with apologies to Robert...
One of the key analyses in any discrimination lawsuit is
whether the plaintiff is "similarly situated" to those whom he or she claims
the employer treated more favorably. If the plaintiff can establish disparate
treatment of those "similarly...
Today, I am empowering all of my readers with a
superpower. As the saying goes, with great power comes great responsibility, so
exercise this gift wisely and judiciously.
On Friday, Walter Olson, on Overlawyered , asked the
following question, "If...
Many employers in New York State either pay, or reimburse
their workers for, certain expenses incurred outside the scope of the
workers' employment. For example, a mid-sized or large company
may pay, on behalf of a new employee who is a foreign...
For what today's case lacks in juicy facts, it
makes up for in practical legal impact. In Dionne v. Floormasters Enterprises, Inc. , 2011 U.S. App. LEXIS 15560 (11th Cir.
July 28, 2011), the Eleventh Circuit affirmed dismissal of a wage and hour...
to the EEOC , a Missouri hospital discriminated against its male nurses by
preferring to have female nurses treat female patients. But, is this really
unlawful sex discrimination?
A "bona fide occupational qualification" defense...
The failure to file a formal EEOC charge of
discrimination addressing specific claims of discrimination can be fatal to
Title VII claims that proceed to court. This lesson was learned in Brown v.
Department of Public Safety, State of Hawaii [ an enhanced...
By: Michael L. Hund and Salvatore J. Bauccio
Introduction There comes a point in the life cycle of many businesses when its employees desire equity in consideration of their services to the business-the employees want to become owners and not just...
Last month, in Allen
v. V & A Brothers, Inc. , No. A-30 Sept. Term 2010, 066568 (N.J. July 7,
2011), [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] the New Jersey Supreme Court...
By Arthur Silbergeld and Jessica Boar
Article : On June
20, 2011, the Supreme Court reversed the Ninth Circuit's decision in Dukes v.
Wal-Mart, a death knell for one of the most expansive class actions in history.
It would have included approximately...
Today we look at a case that's interesting both factually and procedurally. In Jenkins v. Mabus , 2011 WL 2936331 (8th Cir. 2011), Plaintiff sued the Secretary of the Navy for sexual harassment and retaliation under Title VII as well as state law...
According to the Salt Lake Tribune , a Utah woman has sued her former employer, claiming she was sexually harassed at work. The allegations, according to her federal lawsuit, are outrageous:
Her supervisor provided a written work schedule that included...