Contractor Agrees To Pay $3 Million in EEOC Race Bias Decree

A janitorial company that provides services to O’hare International Airport has agreed to pay $3 million to rejected black applicants. At issue – a June 2009 lawsuit asserting race discrimination as a result of the company’s failure to hire or recruit black applicants for janitorial jobs. Title VII of the Civil Rights Act of 1964 prohibits discrimination against employees on the…

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EEOC Issues Final Regulations Interpreting Genetic Information Nondiscrimination Act

Last November, the Genetic Information Nondiscrimination Act “GINA” became law. GINA provides a general ban on employers’ obtaining genetic information about employees or job applicants, including the inadvertent acquisition of the information for use in employment decisions. Almost a full year after GINA became effective, the EEOC has issued final regulations interpreting its application. The EEOC final regulations are…

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Federal Labor Laws Protect All Workers

A recent case out of Ohio underscores the struggles of many immigrants striving to make a decent wage. In Cincinnati, a lawsuit continues against two veterinarians accused of wage theft involving three undocumented workers. At issue, the right to overtime compensation for workers who claim they were initially paid for several dozens of hours of overtime, only…

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Employee May Proceed With Race Discrimination Case

Despite significant advances, race discrimination continues to be a problem at many workplaces. A recent case has determined that an employee who suffered verbal assaults such as being called the “n word” by his boss can proceed with his claim for a hostile work environment. In Taylor v. Bob-Rohr-Indy Motors, an African American car salesman – Johnny Taylor…

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Pregnancy Discrimination Claim Allowed To Proceed

Pregnancy discrimination occurs when expectant women are fired, not hired or otherwise discriminated against as a result of their pregnancy or their desire to become pregnant. In a recent case, a social worker whose job was eliminated but was not allowed to be considered for another job was allowed to proceed with her claims against her former…

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Religious Discrimination Lawsuit Progresses

A New York federal court has determined that the Department of Justice may proceed with a religious discrimination case against the New York City Transit Authority brought on behalf of New York City bus drivers, train operators and subway station agents who were denied accommodation or subjected to selective enforcement of job-related headwear policies. Title VII of the Civil…

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New Wage And Hour Class Action Suit Against Wal-Mart

A new lawsuit has been filed on behalf of Wal-Mart employees alleging they were denied the wage, benefits and other protections they were entitled to under the law. Specifically, the suit alleges that janitors routinely worked seven days a week and were denied overtime pay in violation of the Fair Labor Standards Act (FLSA). Under the FLSA, all employees…

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Inconsistent Reasons For Firing Constitute Pretext

A recent case determined that an employer’s varying rationale for terminating a manager showed “pretext” sufficient to withstand a motion for summary judgment. In Eades v. Brookdale Senior Living Inc., a 42 –year-old man, David Eades – was fired from his job at a senior living center. Eades subsequently filed a lawsuit alleging violations of the Age Discrimination in Employment…

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Benefits Of Federal Minimum Wage

One of the oldest employment laws is the Fair Labor Standards Act (FLSA), a law enacted in the 1930s setting forth several critical employment provisions, including certain minimum wage and overtime standards intended to protect workers. The current minimum wage is $7.25 an hour. Had minimum wage kept pace with inflation, it would be above $10.00 today.…

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