Is It Discriminatory To Use Credit Checks In Employment Decisions?
The House Financial Services Institution and Consumer Credit Subcommittee recently heard testimony regarding the use of credit checks and whether their use is discriminatory. At issue – whether H.R. 3149 placing more restrictions on the use of credit checks is necessary to restrain discrimination in light of current laws. Proponents argue that restricting the use of credit checks…
Read MoreFLSA Violations Frequent For Low-Wage Laborers
Recent NewYork Times and Huffington Post articles have focused on the prevalence of Fair Labor Standards Act (FLSA) violations amongst low wage laborers, often immigrants. The FLSA provides many guarantees – including the guarantee of minimum wages and overtime compensation for non-exempt employees who work more than 40 hours in a work in any work-week. The FLSA also sets forth child…
Read MoreConsent Decree Cannot Shield Officials From Reverse Race Bias Claim
The U.S. Court of Appeals for the Seventh Circuit has determined that the mayor of Indianapolis and other city officials can be held liable to three white police lieutenants whose constitutional rights to equal protection were violated when they were denied promotions. Black officers who ranked lower on the eligibility list were promoted instead – giving rise…
Read MoreFMLA’s 24-Hour Leave Without Pay Policy Applies To Same Sex Domestic Partners
The Office of Personnel Management (OPM) has recently issued a memorandum requiring the federal government’s 24-hour leave without pay ((LWOP) family support policy be made available to federal employees’ same-sex domestic partners and their children. In 1997, the 24-hour LWOP policy was established while changes to the Family and Medical Leave Act (FMLA) were being discussed. The…
Read MoreIf Severe Enough, One Action Can Constitute A Hostile Environment
In late August, the U.S. Court of Appeals for the Seventh Circuit held that “one action” is sufficient to create a hostile work environment claim if it is sufficiently severe, especially uninvited, physical and intimate, bodily contact. In Berry v. Chicago Transit Auth., Cynthia Berry sued the Chicago Transit Authority under Title VII of the 1964…
Read MoreCancer In Remission Considered A Disability Under The ADAAA In one
In one of the first summary judgment rulings under the amendments to the Americans with Disabilities Act (the “ADAAA”), the U.S. District Court for the Northern District of Indiana determined that an employee who has cancer is considered to be “disabled” even if the condition is in remission at the time of the alleged adverse employment action.…
Read More$3 Million Settlement In FLSA Class Action
A federal judge has recently approved a $3 million settlement in a class action lawsuit brought against Olan Mills based on violations of the Fair Labor Standards Act (“FLSA”). In the lawsuit, 18 current and former employees alleged that Olan Mills, Inc. violated the FLSA by forcing employees to work off the clock, including performing work duties…
Read MoreVerizon Technician Raises Triable Claim Of Sexual Harassment
In a recent Second Circuit Court of Appeals decision, the court determined that a female could pursue a claim of gender discrimination based on sexual harassment and disparate treatment against Verizon Communications, Inc., pursuant to Title VII of the 1964 Civil Rights Act. The 2d Circuit reversed the lower court decision. Although sexual harassment is one of the most well…
Read MorePersonal Knowledge Of Protected Status Not Required For Retaliation Claim
The U.S. Court of Appeals for the Second Circuit recently revived an engineer’s job bias claim, determining that it was error for the trial court to require the jury find “personal knowledge of an alleged protected activity” in order to establish causation in a retaliation claim. The court also explained that it is not necessary for…
Read MoreAre Hospitals Paying Workers Enough Overtime?
According to the New York Times, the Obama administration has started investigating pay practices throughout the health care industry after hospitals around the country have been sued based on the failure to pay proper overtime to nurses and other employees who work more than 40 hours a week. The Fair Labor Standards Act (“FLSA”) provides that all non-exempt…
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