The U.S. 8th Circuit Court of Appeals (which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) recently affirmed a district court’s ruling that an employee failed to establish a case of disability discrimination and retaliation.
Tag: South Dakota
By Mika Shadid Tucker, JD You must carefully consider the timing when you execute certain employment decisions that affect an employee who recently exercised her FMLA leave rights. Implementing a previously contemplated adverse employment action isn’t discrimination as long as the FMLA leave wasn’t a motivating factor.
By Stephen W. Jones, JD The 8th Circuit—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently held that presenting a doctor’s note to her employer entitled a pregnant employee to the protections of the Family and Medical Leave Act (FMLA), and the employer’s decision to fire her on the last day of […]
By Steve Jones If you have an attendance policy that requires employees to follow a certain procedure to notify management of absences but you occasionally receive notice in a way that isn’t specified in the policy (e.g., a text instead of a phone call), you should make sure you’re consistent in accepting or refusing the […]
By Bradley Bakker, JD An employee alleging interference and retaliation under the Family and Medical Leave Act (FMLA) needs more than a single doctor’s visit to raise a viable claim against his employer.
As the summer comes to end, so does the threat of provocative clothing in the workplace. Or does it? A South Dakota teen recently learned the hard way about dress codes.
by Jane Pfeifle, Lynn, Jackson, Shultz & Lebrun, P.C. South Dakota voters overwhelmingly supported Republican candidates as they swept to victory in all of the state constitutional office races, including the governor’s race. On a national level, Blue Dog Democratic candidate Stephanie Herseth Sandlin lost her third-term bid for the state’s lone seat in the […]
It seems that the number of people with allergies or sensitivities to various scents and smells has grown substantially. Some of those allergies can be severe, causing severe respiratory difficulties and other serious health issues. Questions continue to arise about the often competing rights of allergic employees and coworkers who wish to be able to […]
Title VII of the Civil Rights Act of 1964 prohibits race discrimination. But is a minority employee the victim of discrimination or retaliation if a supervisor treats all direct reports “very badly” and “like a child”? What if the supervisor also steps up documentation on the employee after she complained that the supervisor is “racist”? […]