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Showing 27 posts in Litigation.

Detecting FMLA Abuse

April 16, 2014
Posted In Adverse Employment Action, Employee Benefits, Employment Law, Family and Medical Leave Act (“FMLA”), Human Resource Department, Litigation

Dealing with employees who abuse FMLA can be difficult. Letting abuse run rampant, however, can impact business productivity and put a damper on company morale (as present employees often have to pick up the slack of someone on leave). Employers who detect abuse must proceed with caution because it is very easy to run afoul of regulations. More >

The ADA & Web Accessibility

By Cynthia L. Effinger on March 19, 2014
Posted In Americans with Disabilities Act, Employment Law, Job applications, Litigation, Web Content Accessibility Guidelines

On March 6, the U.S. Department of Justice announced that a consent decree with H&R Block had been entered requiring the company to establish accessibility of its websites and mobile apps under the Americans with Disabilities Act. The decree resolves the department’s allegations that individuals with disabilities are denied full and equal enjoyment of the company’s tax-preparation focused goods and services provided online. More >

“Sex-Plus” Discrimination Equals Possible Liability, Part II

March 12, 2014
Posted In Adverse Employment Action, Employment Discrimination Laws, Employment Law, Hiring and Firing, Litigation, Shazor v. Prof’l Transit Mgmt.

On Monday, we discussed the Shazor v. Prof’l Transit Mgmt., Ltd. case. The Sixth Circuit held that an African American woman had triable race and sex discrimination claims under Title VII even though she was replaced with a Hispanic female. In other words, in a “sex-plus” case such as Shazor’s, an employer is not permitted to undermine a black female’s prima facie case by showing that “white women and African American men received the same treatment” as the plaintiff. More >

“Sex-Plus” Discrimination Equals Possible Liability

March 10, 2014
Posted In Adverse Employment Action, Employment Discrimination Laws, Employment Law, Litigation, Shazor v. Prof’l Transit Mgmt., Title VII of the 1964 Civil Rights Act

The Sixth Circuit recently addressed whether a “sex-plus” claim of discrimination can be made under Title VII of the 1964 Civil Rights Act. "Sex plus" refers to policies or practices by which an employer classifies employees on the basis of sex plus another characteristic, such as race or age. The case, Shazor v. Prof’l Transit Mgmt., Ltd., 2014 BL 42520, 6th Cir., No. 13-3253, 2/19/14, reinforces the concept that employers must consider employees’ protected traits as an “intersectional” whole, rather than separate, individual aspects. More >

Court of Appeals Decisions Will Stick on the NLRB Poster Rule

January 27, 2014
Posted In Employment Law, Litigation, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB), posting requirements, Union

In August of 2011, the National Labor Relations Board (“NLRB”) approved a poster rule requiring businesses to post notifications reminding workers about their right to unionize. Employers and business groups that felt the rule was one-sided and pro-union subsequently challenged the rule and were victorious in two separate U.S. Circuit Courts. More >

Foul on the Play: When Bullying in the Workplace Is Real

November 26, 2013
Posted In Bullying, Employee Handbook, Employee Misconduct, Employment Law, Litigation, NFL Bullying Scandal, Violence

When Miami Dolphins player Jonathan Martin made allegations that veteran teammate Richie Incognito had bullied and hazed him so badly that he had no choice but to leave the team, the NFL was collectively stunned. Bullying in professional football? Can such a thing exist? More >

An Employer’s Duty Re: Jury Duty

November 18, 2013
Posted In Employment Law, Hiring and Firing, Jury duty, Litigation

Serving on a jury is one of the most important civic duties that a citizen can fulfill. For employers, however, having employees miss days or weeks at a time to sit on a jury can a mean a lag in productivity. If an essential employee is summoned for service it may be tempting for the employer to persuade him or her to find a way out of participating. As an attorney, I have often heard jurors attempt to skirt their duty by saying, “You Honor, I cannot miss work.” More >

Facebook Friends & Workplace Enemies

November 11, 2013
Posted In 2013), Employee Misconduct, Employment Law, Federal Stored Communications Act (“SCA”), Internet & Media Law, Litigation, Social Media, Social Media Policies, social privacy laws

Inappropriate Facebook posts, pictures and the like have led to many firings in recent years. A large number of employees have become smarter on social media and made a concerted effort to not “friend” a manager or boss. They think that they are keeping their online persona and work reputation separate…but is that really possible when dealing with the Internet? More >

Fighting the Flu (and Liability) in the Workplace

September 23, 2013
Posted In At-will employment, Chenzira v. Cincinnati Children’s Hospital Medical Center, Employment Discrimination Laws, Employment Law, Litigation, Mandatory vaccination policies

As summer draws to an end, flu season is lurking right around the corner. Last year’s flu season was especially hard-hitting. Many employers have taken proactive steps in recent years to protect their workforce by offering free flu vaccines or encouraging employees to get one on their own. But, can employers go one step further and require their at-will employees to receive flu shots? More >

Who’s GINA and What Should I Know About Her?

September 16, 2013
Posted In EEOC, EEOC v. Fabricut, EEOC v. The Founders Pavilion, Employment Law, Genetic Information Nondiscrimination Act ("GINA"), Litigation, Medical Exams

GINA is not a who, but rather a what. The Genetic Information Nondiscrimination Act (“GINA”) was passed by Congress in 2008. GINA makes it illegal for employers with 15 or more employees to discriminate against employees or applicants on the basis of genetic information. Employers cannot lawfully inquire about (1) an individual’s genetic tests; (2) the genetic tests of an individual’s family members; or, (3) the manifestation of a disease or disorder in the family members of such an individual. More >

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