Posts by Charlie Plumb

Oklahoma transgender employee seeks reinstatement

In November we alerted employers that an Oklahoma City federal court jury awarded Rachel Tudor, a transgender employee, $1.165 million in her discrimination, retaliation and hostile work environment lawsuit against Southeastern Oklahoma State University (SEOSU). Since that time, at least three other federal appeals courts have likewise held that discrimination on the basis of transgender…

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With yet another court ruling sexual orientation discrimination unlawful, Supreme Court expected to weigh in

Courts have disagreed on whether an employer discriminating against an employee based upon their sexual orientation violates federal anti-discrimination laws. Yesterday’s ruling by a New York federal appeals court means this issue is bound to be decided by the U.S. Supreme Court. Firing of gay worker leads to Title VII lawsuit Donald Zarda worked for…

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Valuable free OSHA resource available for Oklahoma employers

Understanding and complying with OSHA’s many requirements can be daunting. At a recent Tulsa Area Employer Council meeting, Jason Hudson with the Oklahoma Department of Labor explained an excellent tool available for Oklahoma employers trying to address workplace safety and OSHA issues. Hudson is director of the department’s Safety Pays® OSHA Consultation Division, which is…

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NLRB reverses course on joint employers and employee handbooks

Whether it’s investigations, interpretations or lawsuits, actions taken by the National Labor Relations Board significantly impact employers and how they run their businesses. Decisions made by the Labor Board can apply to both unionized and non-unionized employers. Because other employment regulatory agencies like the Department of Labor and the Equal Employment Opportunity Commission have, on…

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Oklahoma jury awards transgender employee $1.165 million

The courts, the Department of Justice, and the Equal Employment Opportunity Commission hold differing views on whether Title VII prohibits employment discrimination on the basis of sexual orientation or sexual identity. Nevertheless, this Monday an Oklahoma City federal court jury awarded a transgender plaintiff $1,165,000 on her claims of discrimination and retaliation. Professor Tudor’s claims…

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Vague, open-ended medical leave denied

The Americans with Disabilities Act requires employers to consider a leave of absence for an employee due to a medical condition as a form of accommodation. However, that requirement is not without limitations. A recent appeals court decision that applies to Oklahoma employers demonstrates that an employer may not be required to provide leave to…

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New Form I-9 available

A Form I-9 is used for verifying the identity and employment authorization of individuals — both citizens and noncitizens — hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. On July 17, 2017, U.S. Citizenship and Immigration…

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Medical exam results and tasks actually performed

When addressing the issues of a person’s ability to perform a job or the potential need for accommodation, don’t forget to take into account work the individual has previously performed. Sometimes that can be every bit as important as the results of a medical examination. Temporary work at Bama Arnold Iselin worked for Prime Industrial…

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Employer liable for off-duty murder?

Companies often assume they are not responsible for interactions between employees that happen off-site after hours and that are unrelated to their jobs. However, if a supervisor and a subordinate are involved and the employer failed to take appropriate action regarding workplace issues between the two leading up to the “off-campus” event, then a different…

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