Tag: discrimination

Telecommuting Not Required for Worker With Chemical Sensitivity

While some employees with chemical sensitivity may be entitled to work from home, that remedy is not always available, the U.S. District Court for the Southern District of Ohio has ruled in Core v. Champaign County, 2012 WL 4959444 (Oct. 17, 2012). The court had ruled on July 30 in Core v. Champaign County that […]

Church Music Director Is Minister, So Court Blocks Employment Discrimination Suit

A Catholic church’s music director is a “minister” and therefore ineligible to bring employment discrimination claims against the Church, the 5th U.S. Circuit Court of Appeals ruled, implementing a new U.S. Supreme Court precedent.  Phillip Cannata worked as the music director for St. John Neumann Catholic Church, part of the Catholic Diocese of Austin. He […]

Domestic Assault Victims Now Shielded by Antidiscrimination Laws

Workers who experience domestic violence, sexual assault or stalking may be protected from discrimination by Title VII of the Civil Rights Act and the Americans with Disabilities Act, according to new guidance from the federal government. The U.S. Equal Employment Opportunity Commission, which is responsible for enforcing both of those laws, made the announcement in […]

Working Mom Calls Foul Against NBA in Bias Lawsuit

A former senior account manager has filed a gender discrimination lawsuit against the National Basketball Association, Inc., alleging that the NBA “pays lip service to gender equality” and is “openly hostile to working mothers.” In the lawsuit, Brynn Cohn claims that the NBA instituted a change in work schedule while she was on maternity leave […]

Coal Mine Pays $40K for Failing to Reassign Worker with Disability

A coal mine in Birmingham, Ala. will pay $40,000 to settle allegations it failed to reassign a worker with a disability, in violation of the Americans with Disabilities Act. Rocky Davis had hearing loss and was regularly assigned to an area of the mine that adversely affected his hearing aids, according to the U.S. Equal […]

Strong Documentation Defeats Employee’s ADA, ERISA Claims

Good recordkeeping and documentation is key in defending employment discrimination claims, a recent court ruling illustrates. An employee terminated for performance problems alleged that he was fired in violation of the Americans with Disabilities Act, because of his wife’s disability. The employer, however, produced evidence showing that: (1) the employee’s performance was subpar; (2) he […]

Employers: Best to Have ‘Binders Full’ of Employment Law Info

“Equal pay for equal work” is a key talking point for President Obama’s re-election platform, and last night’s presidential debate gave both candidates the chance to discuss the growing issue of pay disparity between male and female employees. While Gov. Mitt Romney’s “binders full of women” comment in response to a question on this issue […]

Teacher Entitled to Return to Same Job After Difficult Pregnancy

A district court’s refusal to grant an employer’s motion for summary judgment in a fired teacher’s interference and retaliation claim is a clarion call and reminder to employers that the Family and Medical Leave Act guarantees employees that their original job — or its equivalent — will be waiting for them when their FMLA leave has […]

Telecommuting: A Reasonable ADA Accommodation?

You may think that the federal, state and local courts move at a glacial pace, but they often deliberate and resist change of opinion on employment law matters because, well, the modern workplace is a living, breathing, complex organism. Telecommuting is one such complexity, as are the multitude of situations that employers need to consider […]

Medical marijuana law takes effect in Connecticut Oct. 1

by Jonathan C. Sterling As of October 1, Connecticut employers need to make sure they’re in compliance with the state’s new medical marijuana law. Under the law, employers of one or more employees are prohibited from refusing to hire, discharging, penalizing, or threatening an employee solely on the basis of his status as a “qualifying […]