Documentation Saves the Day in Retaliation Suit

When facing a wrongful termination/retaliation claim, the organization and detail of an employer’s files will be put to the test. In a recent decision, an employer maintained well-documented, detailed files which helped to prove that a termination was not retaliatory. In Lacey v. Norac, Inc., the Eighth Circuit Court of Appeals affirmed summary judgment to an employer in a retaliation claim under Title VII based on allegations that the employee was terminated for refusing to sign an affidavit on the employer’s behalf. 

The plaintiff …

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Obesity ≠ Protected Class

Making fun of a co-worker’s weight may be rude, but is it illegal? A New Jersey court recently addressed claims of disability discrimination and hostile work environment by an employee complaining of comments made by co-workers about his weight.

The employee worked as a bus driver over a 10-year period. During that time the employee weighed between 500 and 600 pounds. While he spent most of his time at work driving a bus, or performing related bus inspection duties, he also spent time in the …

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The Importance of Employment Job Descriptions

Employment job descriptions serve many purposes: to attract talented applicants, to inform employees of expectations. In addition, job descriptions are often critical in disputes between employers and employees. A federal appellate court recently ruled on a case where the words in job description helped bolster the employer’s defense.

The case involved a correctional officer who was injured during an altercation with an inmate. The injury required shoulder surgery and resulted in the employee returning to work in a light duty capacity. Thereafter the correctional officer …

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Lack of Training Deemed Adverse Action

What is an “adverse action”? In the workplace some may think that it is only when someone is fired. However, much more falls under the “adverse action” umbrella. What about denying an employee a training opportunity? A federal district court in New York recently analyzed this very issue. The case involved a longstanding employee that was placed into a different role but denied training opportunities that were offered to other employees. The plaintiff struggled in her new role and eventually commenced a lawsuit asserting many …

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Sex Discrimination Claim Arising from No Severance

A severance package is pay and/or benefits employers pay employees following a termination or layoff. Often, the employee’s acceptance of the severance will include a release of any potential claims against the employer. Of course, severance packages are not required. In a recent decision, a court considered what happens when every departing employee is not offered a severance package. In Barbera v. Pearson Educ., Inc., the employer had a policy that provided severance pay for employees that were involuntarily terminated. The policy had certain …

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ADA: How Reasonable is Reasonable?

How reasonable must a reasonable accommodation be? Is moving an employee’s work location reasonable? Is providing an employee an aide reasonable? Of course, the answer depends on the circumstances and that’s what makes ADA compliance often difficult for employers. Consider the recent example of Hill v. Assocs. for Renewal in Educ., Inc.

Mr. Hill was a single-leg amputee that taught in an after-school program. Hill’s accommodation requests included to be moved to a classroom on a lower floor as well as soliciting the help of …

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Employee’s ADA Claim is Out of Sight

Advancements in technology and software can help employers track employee productivity. But what happens when an employee’s medical condition influences her ability to use an employer’s technology? In Larson v. Oregonian Publishing, an Oregon Federal District court denied summary judgment to an employer in a disability discrimination lawsuit under the ADA under what’s known as the “cat’s paw theory”.

In Larson, the plaintiff, along with all other account executives, were directed to use certain company software to better track their sales. In addition to …

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NY Comes Down Hard On Student Hazing

On August 13, 2018, New York State Governor Andrew M. Cuomo signed an anti-hazing bill targeting student hazing at higher education institutions. The bill amends the New York Penal Code and prohibits certain physical contact as well as the physical activity requirements traditionally found in many student organizations’ initiation ceremonies, and which frequently result in serious injury, and sometimes in fatalities.

The legislation was prompted by the death of Michael Deng, a 19-year-old Baruch College student and Flushing resident who died after suffering a …

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Abusive Patient Creates Hostile Work Environment

The customer isn’t necessarily always right. Neither is a patient. In Gardner v. CLC of Pascagoula, LLC, the Fifth Circuit Court analyzed an employer’s alleged failure to respond to a complaint of inappropriate actions of a patient in an assistant living facility. The allegations are unsettling. Plaintiff worked as a Nursing Assistant with the responsibility of caring for patients including one suffering from dementia, who had a long history of violent and sexual behavior toward fellow patients and staff. While being cared for by …

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Whopper of a Tale: Burger King Employee Denied Accommodation

Employees should feel safe at work. But not everyone is that fortunate, including an assistant manager at a Burger King who was attacked at gunpoint when attempting to make a bank deposit on behalf of his employer. He allegedly suffered from PTSD and depression. Burger King denied his request for an accommodation by changing his work schedule prompting an interesting decision.

All of Burger King’s managers rotate among three distinct work shifts. The employee requested a fixed work schedule and to be moved to a …

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