Termination, Discrimination | JD Supra Law News

Termination For Failure To Admit Prior Drug Addiction Does Not Violate ADA

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 5/2/2013

An employer that terminated an employee for concealing his prior drug addiction on a job application to be a security guard did not violate the Americans with Disabilities Act (ADA), the 3rd Circuit Court of Appeals has...more

Religious Garb Is Now Protected on the Job in California

by Mitchell | Gilleon Law Firm on 4/29/2013

Imane Boudlal filed suit in August against the Walt Disney Company, alleging religious discrimination because the company refused to allow her to wear a hijab, a Muslim head scarf, while at work. Ms. Boudlal, a naturalized...more

Does Partial Deafness Constitute a Disability Under the ADAAA? The Question Remains Unanswered

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/29/2013

A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, No....more

Baptist Health South Florida Sued by EEOC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/24/2013

Physician With Epilepsy Denied a Reasonable Accommodation and Fired by Coral Gables Doctor's Hospital, Federal Agency Charged - MIAMI - Baptist Health South Florida, a Miami-based hospital system, violated federal law...more

Navigating through the Challenging German Employment Law Framework for Japanese Companies Doing Business in Germany

by Lutz Hoheisel | Orrick, Herrington & Sutcliffe LLP on 4/23/2013

In This Presentation: 1. Employment law in Germany – General facts 2. The Employee 3. Overview on German social security system 4. Dismissal of employees 5. Managerial authority 6. Modification of...more

Employment Law in the United Kingdom

by Amanda Caldwell | Fisher & Phillips LLP on 4/10/2013

The United Kingdom (“UK”), comprised of England, Northern Ireland, Wales and Scotland, has a population of over 62 million people, is culturally diverse and remains one of leading financial and service centers of the world....more

Landau Uniforms Settles EEOC Pregnancy Discrimination Suit for $80,000

by U.S. Equal Employment Opportunity Commission... on 4/9/2013

Health Care Clothing Manufacturer Fired Employee Due to Pregnancy, Federal Agency Charged - OXFORD, Miss. Landau Uniforms, Inc., a Mississippi-based company that manufactures and distributes medical scrubs and other...more

Employment Law Reporter – April 2013: "We won! Wait, no, we lost!": The Narrative Arc of a Disability Discrimination Lawsuit

by Karina Sterman | Ervin Cohen & Jessup LLP on 4/8/2013

An employee (Prock) becomes temporarily but totally disabled by an anxiety disorder, goes out on a disability leave and receives disability benefits. The disability leave is extended by the employee’s doctor several times....more

Employment Law Advisory for April 2, 2013: Pregnant Employees May Be Entitled To More Than The Four Month Leave Permitted By The...

by Hopkins & Carley on 4/3/2013

Most California employers are keenly aware that California’s Pregnancy Disability Leave Law (“PDLL”) requires an employer to allow an employee disabled by pregnancy, childbirth, or a related medical condition, to take a leave...more

Podcast Shines Light On Latest California Employment News

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 3/29/2013

The latest XpertHR podcast features an in-depth look at several new employment law developments out of California, perhaps the most pro-employee state in the nation. Littler Mendelson partner Chris Cobey takes listeners...more

East Coast Waffles Settles EEOC Lawsuit for Retaliation

by U.S. Equal Employment Opportunity Commission... on 3/29/2013

Federal Agency Charged Restaurant Fired Employee for Complaining About Customer Harassment - TAMPA, Fla. - East Coast Waffles, Inc., an Atlanta-based company which owns and operates more than 100 Waffle House...more

Store Manager’s Disability And Harassment Claims Were Properly Dismissed

by Anthony Oncidi | Proskauer - California Employment Law on 3/27/2013

Cynthia Lawler alleged disability discrimination, harassment, retaliation and intentional infliction of emotional distress (“IIED”) associated with the termination of her employment. The district court granted summary...more

Employee’s Wrongful Termination And Defamation Claims Were Properly Dismissed

by Anthony Oncidi | Proskauer - California Employment Law on 3/27/2013

John McGrory alleged his employment was terminated because he is male and because he participated in his employer’s internal investigation. He also alleged defamation associated with a statement the vice president of human...more

Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive...

by Keisha-Ann Gray, Steven Hurd, Kathleen McKenna | Proskauer Rose LLP on 3/27/2013

On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in...more

To Terminate or Not to Terminate. . . That is the Question

by Miller & Martin PLLC on 3/26/2013

The Facts – “What Happened?”: The plaintiff, Ms. Mocic, worked as an EMT for the employer/defendant (SCEMS) for almost four years. She became pregnant in 2009. She requested and was granted an apparently uneventful...more

March Madness Taking Hold Of Sixth Circuit

by Kyle P. Konwinski | Varnum LLP on 3/26/2013

March gets the blood flowing for all of us basketball fans, and it appears the Sixth Circuit is no different. Last week, while many of you were game-casting or locating the "hide" button on your Web browser, the Sixth Circuit...more

The California Supreme Court Provides Mixed Result in Mixed Motive Terminations

by W. George Wailes | Carr, McClellan, Ingersoll, Thompson & Horn -... on 3/22/2013

In Harris v. City of Santa Monica, (2013) 56 Cal.4th 203, the California Supreme Court provided long-awaited clarification of the standards that apply when an employer terminates an employee for “mixed motives”—that is, when...more

Leading Senior Assisted Living Company Settles Religious Discrimination Suit with EEOC

by U.S. Equal Employment Opportunity Commission... on 3/19/2013

Employee Fired After Refusing to Violate Religious Beliefs, Federal Agency Charged - ABILENE, Texas - Senior Living Properties, LLC, which owns 35 senior assisted living facilities in Texas, will pay $42,500 and...more

University School of Milwaukee to Pay $37,500 in EEOC Pregnancy Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 3/19/2013

Employee Was Fired Because of Her Pregnancy, Federal Agency Charged - MILWAUKEE - A Milwaukee K-12 school will pay $37,500 and furnish other relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal...more

California Employment Law Notes - March 2013

by Proskauer Rose LLP on 3/19/2013

In this Issue: - California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases, Harris v. Superior Court, 56 Cal. 4th 203 (2013) - Employee Who Exhausted Four Months Of...more

Fenwick Employment Brief - March 2013

by Allen M. Kato, Michael A. Sands | Fenwick & West LLP on 3/14/2013

In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness...more

Day & Zimmerman Resolve EEOC Racial Discrimination Claims for $190,000

by U.S. Equal Employment Opportunity Commission... on 3/14/2013

African-American Employee Consistently Harassed by Day & Zimmerman Manager, Fired After Making Many Complaints, Federal Agency Charges - NEW YORK - The Equal Employment Opportunity Commission (EEOC) and Day &...more

EEOC Sues QSI/Stellar Management Group for Sex Discrimination

by U.S. Equal Employment Opportunity Commission... on 3/13/2013

Female Supervisor Fired by Manager Who Wanted a Man in Her Position, Federal Agency Charged - ATLANTA - Stellar Management Group, Inc., doing business as QSI, a contract sanitations services company that provides...more

Engage—Before You Fire

by Johnnie James | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/12/2013

Consider this scenario: An employee goes out on a leave of absence for anxiety. His doctor says he’s temporarily totally disabled. Then the leave gets extended because the employee is having problems adjusting to the...more

California Employer Should Have Engaged In Interactive Process Before Firing Employee

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/11/2013

Prock v. Tamura Corp. of America, No. E054185 (January 25, 2013): In an unpublished opinion, a California Court of Appeal recently overturned the dismissal of a lawsuit where the employee was fired while on a leave of absence...more

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Termination › Discrimination