Who’s The Boss? Supreme Court Set To Define Who Is A Supervisor In Employment Discrimination Cases

On Monday the U.S. Supreme Court heard argument concerning a seemingly easy question – Who’s is a supervisor? However, the Court’s decision in Vance v. Ball State University is likely to have a significant impact on future employment harassment and discrimination cases. Reports from the courtroom indicate the justices appeared “uncertain” about the best approach for resolving…

Read More

Policy To Automatically Fire Employees After Using Up Leave Violates ADA

Your employer cannot automatically fire you once you have used up your leave, a U.S. District Court in Colorado has determined. The Equal Employment Opportunity Commission (EEOC) has just settled a $4.85 million lawsuit with the nationwide trucking firm, Interstate Distribution Company, stemming from allegations that the trucking firm automatically fired sick or injured employees…

Read More

Supreme Court To Help Define Who Is An Employer

In a case that could potentially have far-reaching impact, the U.S. Supreme Court has agreed to accept a case that deals with the question – “who is an employer?” At first glance, this seems like a straightforward question however, it is a complicated inquiry that even courts don’t always agree on. For example – can…

Read More

EEOC Limits Use Of Criminal Background Checks In Employment Decisions

The equal employment opportunity commission (EEOC) has just approved updated enforcement guidance concerning employment discrimination based on individuals’ arrest and conviction records. The EEOC reaffirmed that its illegal for employers to exclude people from employment based on arrest or convictions unless related to the particular job. This means if you believe you have been denied a job…

Read More

Man With Schizophrenia Can Bring “Regarded As” Claim

Many times work place biases influence how we are treated at work. Fortunately, congress has enacted laws to protect us from many forms of employment discrimination. One of these laws is the Americans with Disabilities Act, which prohibits disability discrimination against qualified individuals. The ADA prohibits your employer from taking adverse action against you because of your disability…

Read More

Transgender Discrimination Lawsuit Filed

The New York Times reports that a New Jersey man, El’Jai Devoureau – who was born a woman – has filed a ground breaking transgender discrimination lawsuit. At issue is whether he is considered a “man.” Devoureau – a urine monitor at a drug treatment center – was fired because his employer claimed being male was…

Read More