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Terminated Problem Employee Points to Discrimination, Retaliation as True Motives

HR Daily Advisor

Court of Appeals for the 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently upheld an employer’s trial court victory, providing useful guidance for employers seeking to manage difficult employees in the midst of workers’ compensation claims. Alleged Discrimination and Retaliation. as a machinist in August 2008. Ted received both written warning notices and oral warnings throughout much of his employment. The U.S.

Case for Consistency: Treatment of Manager Prevents Dismissal of Age Bias Claim

HR Daily Advisor

A New Jersey federal court recently declined to dismiss an age discrimination lawsuit because an employer’s failure to discipline employees in a consistent manner could be construed as evidence of discrimination. Bruce” began his employment with General Nutrition Corporation (GNC) as a sales associate in 1999. GNC terminated Bruce’s employment approximately 1 month later for his failure to improve the performance of his store.


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Interactive Process Requires More Than Just Lip Service, But When is Enough Enough?

HR Daily Advisor

The Americans with Disabilities Act (ADA) and similar state laws prohibit discriminating against a qualified employee or job applicant on the basis of an actual or perceived disability. Read on to find out what one employer did to fulfill its obligation and whether it was enough to avoid liability. After rehabilitation, he returned to work as a journeyman lineman for several different employers, although he was medically restricted from wearing steel-toed boots.

Disability Discrimination: Terminated Cancer Survivor’s ADA Claim Fails, Part 1

HR Daily Advisor

8th Circuit Court of Appeals (which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) recently affirmed a district court’s ruling that an employee failed to establish a case of disability discrimination and retaliation. From roughly 2005 to 2008, she often took medical leave for medical appointments. In April 2008, Willow wanted to apply for a promotion to operations lead. and an editor of the Arkansas Employment Law Letter.

3 Steps to Protect Information While Leveraging Social Media

HR Daily Advisor

The number of companies maintaining a corporate presence on social media rose from 34% in 2008 to 77% in 2013 according to SHRM Survey Findings: Social Networking Website and Recruiting/Selection. partner with the law firm of Faegre Baker Daniels LLP., and editor of Indiana Employment Law Letter —the rise of social media comes with both pros and cons for employers. Garrison cautions employers to slow down and not jump to conclusions.

Does Mine Supervisor with Bad Back Have Disability Bias Claim?

HR Daily Advisor

Terminated employees who sue often file claims for unlawful discrimination and breach of the covenant of good faith and fair dealing. Recently, the Alaska Supreme Court analyzed how a claim for breach of the covenant of good faith and fair dealing relates to a disability discrimination claim. He had unsuccessful back surgery in 2008. Tom Daniel, editor of Alaska Employment Law Letter , can be reached at

Equal Pay: Was Pay Discrepancy Between Male and Female Scientists Legitimate?

HR Daily Advisor

Accordingly, she filed suit in Albuquerque federal district court, alleging discrimination on the basis of sex under Title VII of the Civil Rights Act of 1964 and violations of the federal Equal Pay Act (EPA). She was hired as a safety and occupational health manager by the NNSA at its Los Alamos field office in 2008. When Karen discovered that Toby was being paid more than she was, she filed a claim with the Equal Employment Opportunity Commission (EEOC). by Barbara J.

Why I’m a management-side lawyer

Ohio Employer's Law

Today, I look all the way back to April 15, 2008, for one of these reruns, to answer the question—. In a perfect world, discrimination, retaliation, and harassment wouldn’t exist. But they do, and companies, even those with the best of intentions, run afoul of the complexities of our myriad employment laws. It’s an opportunity to train employers how to handle an employee relations problem better the next time.

New Year Brings New Job Applicants, More Exposure to Equal Pay Act Claims

HR Daily Advisor

With hiring about to pick up, this is a great time for a refresher on employers’ obligations under the Equal Pay Act (EPA), brought to you by the U.S. Doug” was superintendent of the School for the Visually Impaired (SVI) from 1998 to 2003 and again from 2008 to 2010. The EPA prohibits employers from discriminating against employees based on sex. Once the employee establishes that, the employer must show that a factor other than sex explains the pay discrepancy.

8th Circuit: ‘Economic Conditions’ Did Not Allow Unequal Pay

HR Daily Advisor

8th Circuit Court of Appeals (which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) recently affirmed a jury’s decision that a furniture manufacturer was liable for sex-based wage discrimination under the Equal Pay Act (EPA) and Title VII of the Civil Rights Act of 1964. All three women filed claims of sex-based wage discrimination under the EPA, and Stella and Margot also filed sex-based wage discrimination claims under Title VII.

Does the ADA Require Noncompetitive Transfers? Courts Remain Split

HR Daily Advisor

Supreme Court answers the question, employers are left with a mix of conflicting court rulings and federal guidance. Equal Employment Opportunity Commission (EEOC) was the plaintiff in the suit, so the December 7 ruling was not only a win for employers but also a blow to the agency’s position. The employer offered her 30 days to identify and apply for other positions. The divergence almost was remedied in 2008 when the High Court agreed to hear Huber v.

ADA and FMLA Best Practices Pay Off for Cash-Handling Company

HR Daily Advisor

5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently upheld a jury’s verdict in favor of an employer on an employee’s lawsuit under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The verdict was the result of several things the employer did correctly in response to the employee’s medical issues. Melissa” began working as an armored truck driver and guard for Loomis Armored US, LLC, in 2008.