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On February 21, 2024, in a decision that provoked strong dissent, the National Labor Relations Board (the “Board”) ruled in Home Depot USA, Inc. and Antonio Morales Jr. that Home Depot violated the National Labor Relations Act (“NLRA”) by prohibiting an employee from wearing a “BLM” (Black Lives Matter) marking on his work apron and […]
Home Depot was recently entangled in a personal injury lawsuit filed against it by an employee who hurt his back loading a lawn mower onto a customer’s trailer. Discovery [pretrial fact finding] ensued, which is where important lessons—for all Texas employers, not just those that opt out of workers’ compensation—were dealt out by the Beaumont […]
Performance reviews, when done correctly, can fulfill a critical role in managing employees’ performance and boosting productivity to higher levels. But more often than not, performance evaluations are viewed as a necessary evil by the managers required to complete evaluations and approached with trepidation by the employees receiving them. The problem with approaching the performance […]
The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard from a former Home Depot manager, claiming that he was discriminated against based on a “perceived” disability. The manager claims he was put on medical leave and required to undergo a psychological evaluation. The manager had made “threatening remarks” that could […]
Yesterday, we looked at a case in which a brand-new agricultural worker fell off a high ladder, sustaining both physical and psychiatric injuries. Normally a worker has to be with an employer for at least six months to recover for psychiatric injuries—what did the court conclude in this case?
The U.S. Equal Employment Opportunity Commission has announced the simultaneous filing and settlement of a class action suit against Home Depot, USA Inc., alleging sex, race, and national origin bias at the company’s Colorado stores. Under the settlement, which a judge must still approve, Home Depot will pay $5.5 million to current and former employees […]
The federal Equal Employment Opportunity Commission has sued Home Depot for sex discrimination. The agency charges that the home-improvement retailer repeatedly rejected a female applicant for various positions at a new Home Depot store in Rialto, near Los Angeles, and hired less-qualified men for the jobs. In response to the lawsuit, Home Depot has denied […]
An Oakland jury has ordered Home Depot to shell out almost $1.7 million for retaliating against an employee who complained about sexual harassment and failing to accommodate her under the Americans with Disabilities Act. Denise Restivo, a computer systems coordinator, was demoted and transferred after charging that managers made sexual remarks and mocked the company’s […]