Tag: retaliation

The Trouble with ‘Twibel’: A New Social Media Headache for Employers

You may feel like a twit when it comes to your understanding of Twitter, but it is time to add the word “Twibel” to your company’s vocabulary — and more importantly, to your overall social media strategy, says Porter Wright employment law attorney Sara Jodka. Libel occurs when someone prints a false and malicious statement […]

Reform Agencies Clarify Cost Sharing and Essential Services

A series of agency Q&As resolves a few questions relating to complying with federal health care reform, such as correctly counting participants’ out-of-pocket expenditures; wellness program reward administration; and the status of “carved-out” benefits. In latest set of Frequently Asked Questions, the U.S. Departments of Labor, Health and Human Services and the Treasury provide some […]

S.F. Ordinance Would Expand Flex Time Rights for Childcare

A new city ordinance would require employers doing business in San Francisco to consider flexible scheduling for workers with caregiving responsibilities. The city’s Board of Supervisors passed the Family Friendly Workplace Ordinance Oct. 1, and remains to be signed by the city’s mayor. It would amend the city’s administrative code to allow employees in San Francisco to […]

Top 10 Do’s and Don’t’s from FMLA and ADA Court Rulings

Leave policy administration under the FMLA and the ADA presents numerous challenges to employers. Following is a “Do” and “Do Not” list based on the outcomes of 10 interference and retaliation claims by aggrieved employees that the courts have heard in the last five months. Do see if short-term disability benefits are granted or denied to […]

$110K Penalty Shows: Alcoholism is an ADA-protected Condition

Employers, pay heed. A recent court outcome — and hefty monetary award for the employee — reiterate the fact that alcoholism is a disability protected under the Americans with Disabilities Act. Following a five-day trial a federal jury in Pennsylvania awarded more than $109,000 to a cook whose rights, it found, had been violated when […]

Sex, religion, and retaliation

by Mark I. Schickman I keep waiting for the day that employment discrimination claims disappear. We spend a ton of time training employees to prevent and avoid discriminatory conduct, and the proper behavior is pretty intuitive. So, logically, employment discrimination should have been eradicated, like polio and smallpox. It would be terrible for my business […]

Handle with care: Even nonunion strikers can present risk

Low-wage workers in cities across the country carried signs and voiced demands for higher pay last week, but those strikes and similar work stoppages last May differ from traditional walkouts. Unlike in most strikes, the picketers aren’t part of a union although they are getting encouragement from organized labor, especially from the Service Employees International […]

Title VII Standard for Retaliation Claims Gets Scaled Back by Supreme Court

Noting that the increasing number of employee retaliation claims in employment discrimination cases calls for the proper interpretation and implementation of statutory language, the U.S. Supreme Court on June 24 issued a 5-4 ruling that will likely make it easier for employers to fend off such claims. In University of Texas Southwestern Medical Center v. […]

Court sets bar high for employer retaliation claims

In a 5-4 decision, the U.S. Supreme Court made its second pro-employer decision of the day in a case involving the standard of proof an employee must meet in retaliation claims. In University of Texas Southwestern Medical Center v. Nassar, the question was whether an employee must prove that the only reason his employer retaliated […]

FMLA Leave Not a Reason for Discipline or Dismissal, Court Says

Employers must not impose probation on employees for excessive absences that include leave under the Family and Medical Leave Act. To do so is akin to using a disciplinary measure to penalize employees for taking qualified FMLA leave. So ruled the U.S. District Court for the District of New Jersey as it permitted the FMLA […]