OSHA Issues Guidance on Transgender Bathroom Access

2017-12-13T21:46:39+00:00 August 7th, 2015|Discimination|

One of the fastest changing legal landscapes in our country is that involving LGBT rights. Most notably, a recent United States Supreme Court ruling acknowledged the right of gay persons to marry a partner of the same gender. This recognition of legal rights for persons who do not fit what has traditionally been considered the [...]

EEOC Proposed Regulations on Employee Wellness Programs

2017-12-13T21:46:40+00:00 July 13th, 2015|Discimination, Uncategorized|

Employers sometimes offer wellness programs to their employees as a benefit of employment or health care coverage. Wellness programs include payment of health club memberships; insurance premium reductions for engaging in healthful activities; exercise and dietary challenges; and even premium reductions for improving measures of health, such as weight, waist circumference, and blood pressure. These [...]

Abercrombie v. Fitch: United States Supreme Court Clarifies Title VII Religious Accommodation.

2017-12-13T21:46:40+00:00 July 9th, 2015|Discimination|

Have you ever wondered whether an employer can legally refuse to hire you because of one of your religious practices? Many people have, and the United States Supreme Court recently issued an opinion clarifying employee rights in this area. Abercrombie and Fitch was sued by a Muslim woman, Samantha Elauf, who unsuccessfully applied for a [...]

Supreme Court Rules on Abercrombie Employment Discrimination Case

2017-12-13T21:46:40+00:00 June 26th, 2015|Discimination|

On June 1, 2015, the United States Supreme Court ruled in the case Equal Employment Opportunity Commission v. Abercrombie & Fitch. The discrimination case examined whether Abercrombie & Fitch Co. improperly denied employment to a woman who wore a head scarf to her interview. The Supreme Court held that the plaintiff has a case against Abercrombie, [...]

Former Farmers Insurance Attorney Sues Insurer for Gender Discrimination

2017-12-13T21:46:40+00:00 May 15th, 2015|Discimination|

Lynne Coates, who worked as an attorney for Farmers Insurance, has filed a gender discrimination lawsuit in San Jose, California against the company on behalf of herself and other current and past female lawyers for the insurer. According to the complaint, Coates’ $99,000 annual salary was substantially less than that of male Farmers Insurance lawyers [...]

Employers not Required to Offer Telecommuting to Employees with Interpersonal Skills in Job Description

2017-12-13T21:46:41+00:00 May 8th, 2015|Discimination, General Labor Law, Wrongful termination|

On April 10, 2015, the Unites States Court of Appeals for the Sixth Circuit ruled in favor of the Ford Motor Company, which will not have to offer a telecommuting option to a worker with irritable bowel syndrome (IBS) because her job required on-site attendance and interpersonal skills. The Equal Employment Opportunity Commission sued Ford [...]

Federal Judge Orders Norwegian Government to Pay Consulate Worker $270,000 and $2.1 million in Attorney Fees

2017-12-13T21:46:41+00:00 May 4th, 2015|Discimination, General Labor Law, Wage and Hour|

Ellen Ewald worked in Norway’s Minneapolis consulate. She sued the Norwegian government for employment discrimination case, alleging her employer paid her $30,000 less than it paid a man doing comparable work. A United States District Court found that the Norwegian government violated the federal Equal Pay Act and the Minnesota’s Human Rights Act, and ordered [...]

EEOC Proposes Rule Pertaining to Employer Wellness Programs

2017-12-13T21:46:41+00:00 May 1st, 2015|Discimination, General Labor Law|

On April 20, 2015, the United States Equal Employment Opportunity Commission (EEOC) issued a proposed rule that will change the regulations and implementation of Title I of the Americans with Disabilities Act (ADA) as related to employer wellness programs. In a nut shell, employers may use incentives to encourage employees to participate in wellness programs [...]

Supreme Court Revives Pregnancy Discrimination Case

2017-12-13T21:46:41+00:00 April 29th, 2015|Discimination, General Labor Law|

On March 25, 2015, the United States Supreme Court ruled on behalf of Peggy Young, a former United Parcel Service (UPS) employee who sued the company for failing to accommodate her 2006 pregnancy by giving her light duty. Young now has the opportunity to pursue her discrimination claim, which had been dismissed by the United [...]

Former Hooters Employee Wins Case for Discrimination and Wrongful Termination

2017-12-13T21:46:41+00:00 April 27th, 2015|Discimination, Wrongful termination|

Farryn Johnson, a former Hooters employee, sued the restaurant chain claiming the company would not allow her to work as a Hooters Girl on account of a blonde highlights in her hair. Johnson, and African-American woman, was allegedly told by a Hooters manager that “black people don’t have blonde hair.” Johnson’s case went to arbitration, [...]

Employees Sue for Being Fired for Private Text Messages

2017-12-13T21:46:41+00:00 April 24th, 2015|Discimination, General Labor Law, Wrongful termination|

Victor Nascimento and Audry Yule, former Anheuser-Busch employees, are suing the company, claiming they were wrongfully terminated and their privacy rights were violated. Nascimento and Yule worked at the Anheuser-Busch’s Jersey City facility. The two had been exchanging disparaging text messages about a fellow employee, Alex Davis. The messages were sent using personal cell phones [...]

Supreme Court Hears Arguments In Employee Religious Rights Case

2017-12-13T21:46:41+00:00 March 25th, 2015|Discimination|

The Supreme Court of the United States recently heard oral arguments in a workplace discrimination case. The case, EEOC v. Abercrombie, centers on Samantha Elauf, who was denied employment at an Abercrombie Kids store in Tulsa, Oklahoma in 2008. Elauf, a practicing Muslim, applied for a position as a model at the Abercrombie store, but [...]

New CA Legislation Aim to Eliminate Gender Bias in Benefits System

2017-12-13T21:46:42+00:00 March 18th, 2015|Discimination, General Labor Law|

New legislation is being introduced in California that will hopefully ban reductions to workers’ compensation awards for gender-based reasons. The Assemblywoman introducing the bill, Lorena Gonzalez of San Diego, claims that women are having their workers’ compensation awards reduced for reasons such as menopause, pregnancy, breast cancer, sexual harassment, and osteoporosis. About a decade ago, [...]

McDonalds Employees Suit with Test Franchisees Legal Responsibilities

2017-12-13T21:46:42+00:00 February 23rd, 2015|Discimination, Sexual Harassment, Wrongful termination|

Ten former McDonald’s employees are suing a Virginia franchisee, the franchise owner, McDonald’s Corp., and McDonald’s USA. The suit alleges that supervisors at three Virginia franchise locations were racist, sexually harassed employees, and wrongfully terminated employees. The result of the lawsuit will not only establish whether these allegations are true, but it will determine the [...]

New California Law Protects Unpaid Interns from Discrimination

2017-12-13T21:46:42+00:00 February 6th, 2015|Discimination, General Labor Law, Wage and Hour|

Amongst the many new employment related laws that will go into effect this year in California is AB 1443, which prohibits employers from discriminating against individuals in unpaid internships. It also extends religious belief protections and accommodation requirements to unpaid internships, individuals in apprenticeships, and to volunteers.   The new law reiterates that the California [...]

New California Employment Law Bans Immigration-Status Related Retaliation

2017-12-13T21:46:42+00:00 February 4th, 2015|Discimination, General Labor Law, Wrongful termination|

A heap of new laws will becoming effective this year in California, and many will directly affect employers and employees. In particular, one new law, AB 2751, bans retaliation against an employee for immigration-status reasons. Prior to AB 2751, California law prohibited “an employer or any other person from engaging in, or directing another person [...]

Preventing Pregnancy Discrimination

2017-12-13T21:46:43+00:00 November 25th, 2014|Discimination|

The Equal Employment Opportunity Commission (EEOC) has made pregnancy discrimination prevention one of its top priorities this past year. The Commission has brought several lawsuits against employers who allegedly refused to hire an applicant after she disclosed she was pregnant.  The EEOC also issued Pregnancy Discrimination Enforcement Guidance earlier this year, which provides guidance regarding [...]

Did Texas Roadhouse Discriminate Against People Because of their Age?

2017-12-13T21:46:43+00:00 October 22nd, 2014|Discimination|

The Texas Roadhouse restaurant chain is suing the Equal Employment Opportunity Commission (EEOC) to determine why the agency sued the restaurant for alleged age discrimination.   The EEOC first sued Texas Roadhouse in 2011, alleging that only 1.9% of the company’s front of the house employees, which are hosts, bartenders and servers, were above age [...]

Popeyes Chicken Settles HIV Discrimination Claim

2017-12-13T21:46:43+00:00 September 15th, 2014|Discimination|

In 2011, the United States Equal Employment Opportunity Commission (EEOC) brought suit against Popeyes Chicken for refusing to hire a man, Noah Crawford, because he has HIV. The fried chicken franchise, based in Shreveport, Louisiana, will pay $25,000 to settle the lawsuit. Noah Crawford had years of experience working in the fast-food industry, and he [...]

Employee’s Medical Marijuana Case Goes to Supreme Court

2017-12-13T21:46:44+00:00 September 10th, 2014|Discimination|

On September 30th, 2014, the Colorado Supreme Court will hear oral arguments in a suit filed by a former Dish Network (“Dish”) customer service representative fired for using medical marijuana. Brandon Coats, the former Dish employee, has used medical marijuana since 2009 to control the painful spasms he has suffered ever since he was paralyzed [...]

Executive Order Prohibits LGBT Discrimination

2017-12-13T21:46:44+00:00 August 6th, 2014|Discimination, General Labor Law|

On July 21, President Obama signed two amended executive orders prohibiting federal contractors from discriminating against LGBT employees and prohibiting discrimination based on gender identity in federal employment. The executive orders aim to ensure that all employees are judged only by their ability to complete required job duties. The first executive order Obama amended, initially [...]

Is it Legal to Fire Someone Because of Their Sexual Orientation?

2017-12-13T21:46:45+00:00 July 17th, 2014|Discimination, General Labor Law|

Crystal Moore, a 23-year member of the Latta, South Carolina police force, was fired by the town’s mayor. The mayor claimed Moore had questioned authority and failed to maintain order at a town council meeting. He denied that the firing had anything to do with the fact that Moore is openly lesbian. A voice recording [...]

Retaliation Claim Filed Against Grey’s Anatomy

2017-03-02T21:51:28+00:00 June 15th, 2014|Discimination|

A crewmember who worked on the show more than a decade has filed a lawsuit against ABC Studios and Disney-ABC International Television alleging he was dimissied for complaining about gender harassment against the show’s female employees. Timothy Day, a “best boy” on the television show, alleges a photography director misused his authority to subject female [...]

New Decision Made on Telecommuting as Disability Accommodation

2017-12-13T21:46:46+00:00 May 16th, 2014|Discimination, General Labor Law|

Employers with “telecommuting” policies should take care -- employees might request working from home as a disability accommodation. That’s according to a decision handed down by the Sixth Circuit Court of Appeals in , E.E.O.C. v. Ford Motor Company, filed 4/22/14. The case involved a woman who bought steel for the car company’s manufacturing and [...]

CalChamber Offers Seminar on New Pregnancy Disability Leave, Disability Discrimination Regulations

2017-03-02T21:44:45+00:00 June 13th, 2013|Discimination|

(February 5, 2013) To help employers understand the impact of the new California pregnancy disability leave (PDL) and disability discrimination regulations, the California Chamber of Commerce is offering a seminar on February 15

Jury Rules for Employer in Discrimination Case

2017-03-02T21:51:33+00:00 April 24th, 2013|Discimination|

Plaintiff appealed a judgment following a jury decision in favor of Defendant employer Caltrans (also known as the State Department of Transportation) and his supervisor in an employment discrimination case. Plaintiff Kenneth Hatai alleged he was treated differently because of Japanese ancestry and Asian heritage. Plaintiff sought to prove the claim by showing that his [...]