News & Analysis as of

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

Think Third Party Harassment Can’t Harm You? Think Again

On April 29, 2014, the United States Court of Appeals for the Fourth Circuit’s ruling of Freeman v. Dal-Tile Corp., No. 13-1481, 2014 WL 1678422 (4th Cir. Apr. 29, 2014) addressed third-party harassment. The Court held...more

EEOC Roundup

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Employment Law 101: Holiday Parties

Who, What, Why . . . Who does it apply to: This one is pretty straight forward. It applies to all employers contemplating any type of holiday gathering for its staff. What are the legal issues: Holiday parties...more

Labor Letter, August 2013: Make Your No-Harassment Policy Less Sexy

In recent years, many high-profile workplace-harassment lawsuits have grabbed headlines, complete with lewd and salacious allegations. Sexual harassment is indeed a form of gender discrimination and courts have issued many...more

The Basics Of Complying With The “Dear Colleague” Letter Issued By The U.S. Department Of Education On April 4, 2011

This is part one of a four-part series discussing compliance with the “Dear Colleague" Letter on Sexual Violence issued by U.S. Department of Education Office for Civil Rights (OCR) on April 4, 2011, as well as subsequently...more

Help at Home, Inc. to Pay $302,500 to Settle EEOC Lawsuit Charging Sexual Harassment, Retaliation

Company Terminated Three Women When They Complained of Sexual Harassment by Their Female Manager, Federal Agency Charged - ST. LOUIS - Help at Home, Inc., a Chicago-based home healthcare provider that also does...more

NJ Supreme Court Clarifies Employee “Protected Activity”

The ruling provides guidance as to what employee conduct is protected under the antiretaliation provisions of two key state laws. On July 17, the Supreme Court of New Jersey issued a decision in Battaglia v. United...more

Yes, You Can Fire An Employee Because She Is Hot, Iowa Supreme Court Affirms

Last year we reported on the Iowa Supreme Court's decision in Nelson v. James H. Knight, DDS (Iowa, December 21, 2012), in which the court held that a dental practice did not discriminate against a female assistant by...more

Update: Don't Hate Me 'Cause I'm Beautiful: Termination Based on "Irresistible Attraction" is Not Unlawful Sex Discrimination

On January 4, we wrote that the Iowa Supreme Court ruled that a dentist acted legally when he fired a female employee because he had become irresistibly attracted to her – a situation the employer’s wife, also an employee,...more

Legal to Fire Female Employee for Being Irresistible?

The Iowa Supreme Court has recently withdrawn its December 21, 2012 opinion in the sex discrimination suit, Nelson v. Knight, and has declared that it will review the case....more

Labor Letter, July 2013: Can You Fire Someone For Being Too Sexy?

In a recent case decided by the Iowa Supreme Court, the judges held that such an action is acceptable under the law. Before your mind starts wandering too far about the repercussions of this decision, let’s not get ahead of...more

Pacific Airport Services in Saipan Settles EEOC Sexual Harassment Suit for $65,000

Company Failed to Discipline Supervisor Who Sexually Harassed at Least Five Female Employees, Federal Agency Says - SAIPAN, CNMI - Pacific Airport Services, Inc., an airport services provider for various airlines...more

SelectCare Benefits Network Sued by EEOC for Same-Sex Sexual Harassment and Retaliation

Female Patient Advocate Was Subjected to Sexual Harassment by Female Supervisor, Retaliated Against for Complaining, Federal Agency Charged - AUSTIN, Texas - SelectCare Benefits Network, Inc., an Austin-based broker of...more

EEOC General Counsel Offers Enforcement Insights

EEOC General Counsel, P. David Lopez, spoke at this year’s Florida Bar Advanced Labor Topics Seminar, and offered insights into the issues of interest to the EEOC’s attorneys. The areas of interest were broken down into 4...more

Colorado Potato Warehouse Pays $255,000 to Settle EEOC Sexual Harassment Lawsuit

Ten Female Potato Sorters Sexually Harassed by Same Supervisor Over Six-Year Period, Federal Agency Charged - DENVER - The Spud Seller, Inc., a potato wholesaler in the San Luis Valley outside of Monte Vista, Colo.,...more

Employment Law Blog: Happy Valentine's Day - Maybe!

As the holiday approaches, romantically inclined employees look forward to lovely deliveries and declarations that appear in the workplace. Employers desiring fewer holiday and post-holiday complaints may want to do some...more

Jury Rules for EEOC in Sexual Harassment Case Against the Finish Line

Manager Abused Teen Employees, Federal Agency Charged - NASHVILLE, Tenn. - A U.S. District Court Jury has found that a 38-year-old general manager at The Finish Line, Inc.'s Cool Springs Galleria store in Franklin,...more

Metro Special Police & Security Services, Inc. Sued by EEOC for Sexual Harassment and Retaliation

Male Supervisor Subjected Male Employees to Sexual Touching and Comments, Federal Agency Charges - CHARLOTTE, N.C. - Metro Special Police & Security Services, Inc., a Charlotte-based provider of private security and...more

ABC Cake Shop & Bakery in Albuquerque Settles EEOC Sexual Harassment Suit for $220,000

Owner Harassed Numerous Female Workers, Including Teens, and Forced Some Women to Quit, Federal Agency Charged - ALBUQUERQUE, N.M. - The ABC Cake Shop & Bakery in Albuquerque, which is owned and operated by Early Bird...more

EEOC Alerts Employers to Potential Title VII and ADA Rights of Employees Who Experience Domestic Violence, Sexual Assault or...

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a “Questions and Answers” document regarding the application of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA)...more

Yes, Dear, I Will Fire My Employee Because She is "Hot"

Can a boss fire an employee simply because he finds her attractive? Yes, according to the Iowa Supreme Court in a recent decision, Nelson v. James H. Knight, DDS (Iowa, December 21, 2012). And, lest you conclude that the...more

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