The Tenth Circuit recently ruled that pretext would not be found if an employer terminated an employee based on a genuine belief that the employee had violated company policy. Background Linda Tatom was 56 years old when she began working as an at-will employee at the Guthrie Job Corps Center (GJCC) in Guthrie, Oklahoma, in […]
It has long been thought that the Equal Pay Act (EPA) does not apply if the male and female employees being compared for purposes of establishing pay disparities spend significant amounts of time on different job duties, even when some duties overlap. However, the Tenth Circuit recently held that if a female employee performs additional, meaning different, […]
In Meyers v. Eastern Oklahoma County Technology Center, the Tenth Circuit Court of Appeals upheld judgment for the employer even though the plaintiff had engaged in legally protected activity because she disregarded her supervisor’s instructions. The facts Donna Meyers was the adult education coordinator for the EMT program at Eastern Oklahoma County Technology Center. The school […]
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently announced proposed regulations updating its current regulations for federal government contractors and subcontractors regarding discrimination on the basis of sex. The proposed regulations are the first substantive update to the “Sex Discrimination Guidelines” adopted by the OFCCP in 1970. The OFCCP’s press […]
The Tenth Circuit Court of Appeals recently affirmed summary judgment on behalf of the employer in a case where the employee claimed that the requirement to be a Department of Transportation-certified driver was not an essential function of his position. David Hawkins was facilities supervisor for Schwan’s Home Service. His primary job duties were to […]
Under a new rule published yesterday by the Department of Labor (DOL), beginning March 27, 2015, same-sex couples will enjoy expanded Family and Medical Leave Act (FMLA) rights. The FMLA provides eligible employees with job-protected leave for a number of family and health-related situations, including: To care for a spouse suffering from a serious health […]
One of the biggest misconceptions employers have is that the National Labor Relations Act (NLRA) only applies to unionized employers. As a result, employers may hear of an adverse ruling from the National Labor Relations Board – or NLRB, the federal agency that issues rulings regarding the NLRA – and simply ignore it. This attitude […]
What’s an employer to do when a disabled employee has repeated opportunities to ask for an accommodation but doesn’t act on them? In a recent case, a federal court in Texas ruled that the employer was justifiable in terminating an employee who didn’t follow company procedures or ask for an accommodation.