Kathy Neal

Kathy Neal

McAfee & Taft

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Latest Publications


Court finds Onionhead a religion in reverse religious discrimination case

Many of you who read the headline about “Onionhead” being considered a religion in the context of a discrimination case may have guffawed or shaken your head in disbelief. The 102-page opinion by U.S. District Court Judge...more

10/26/2016 - EEOC Hiring & Firing Religion Religious Discrimination Reverse Discrimination

Are you prepared for overtime regulations?

On December 1, 2016, the U.S. Department of Labor’s new Fair Labor Standards Act overtime regulations will take effect. Millions of employees who are currently exempt will, for the first time, earn overtime for any hours...more

9/6/2016 - Bonuses DOL Exempt-Employees Final Rules FLSA Independent Contractors Minimum Salary Misclassification Non-Exempt Employees Over-Time Standard Duties Test Unpaid Overtime Wage and Hour White-Collar Exemptions

Revisiting the direct threat defense under the ADA

One of the defenses available to an employer under the Americans with Disabilities Act (ADA) is the idea that an accommodation of a qualified individual with a disability cannot be made when the employee poses a “direct...more

6/29/2016 - ADA Burden of Proof Direct Threat Defense Disability Discrimination Employer Liability Issues FMLA Health and Safety Hiring & Firing Reasonable Accommodation

EEOC takes aim at Target for discriminatory pre-employment tests

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more

8/27/2015 - ADA ADEA Age Discrimination Background Checks Corporate Counsel Disability Discrimination Disparate Impact EEOC Ethnicity Ford Motor Hiring & Firing National Origin Discrimination Popular Race Discrimination Religious Discrimination Sex Discrimination Target Title VII

Gavel to Gavel: Faith and consequences

Last week’s decision by the U.S. Supreme Court on religious discrimination, EEOC v. Abercrombie & Fitch Stores Inc., may have the unintended effect of an increase in religious stereotyping in the workplace. The lawsuit...more

6/17/2015 - Abercrombie & Fitch Appearance Policy EEOC EEOC v Abercrombie Hiring & Firing Job Applicants Reasonable Accommodation Religious Accommodation Religious Discrimination SCOTUS Undue Hardship

Justice Department sues university in Oklahoma on behalf of transgender professor

One of the Equal Employment Opportunity Commission’s stated 2015 priorities is applying Title VII’s sex discrimination protection to lesbian, gay, bisexual and transgender individuals. This focus is illustrated by a recent...more

4/9/2015 - DOJ EEOC Professors Retaliation Sex Discrimination Tenure Title VII Transgender Universities

Amended Executive Orders expand employment discrimination prohibitions

Since 1974 – just 10 years after Title VII of the Civil Rights Act of 1964 was passed – Congress has made repeated attempts to introduce and pass legislation that would have amended the landmark Act to prohibit discrimination...more

8/1/2014 - Civil Rights Act Corporate Counsel Discrimination ENDA Executive Orders Gender Discrimination LGBT Sexual Orientation Discrimination Title VII

Passing a DOT medical exam is a ‘marginal function’ of the job?

In a recent opinion by the Eleventh Circuit Court of Appeals involving a Type-1 insulin-dependent diabetic, the court found that passing a Department of Transportation medical examination was an impermissible “qualification...more

4/14/2014 - ADA Department of Transportation (DOT) Disability FedEx Medical Examinations Termination Trucking Industry

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