Articles

Timing of termination creates question of fact in association discrimination case

Timing of termination creates question of fact in association discrimination case

| May 4, 2015 | Articles

In employment law, including association discrimination cases, timing is everything. When Terry Booker was fired from his job of 22 years at Delfasco, a manufacturing facility in Greene County, Tennessee, in March 2012, he filed suit for “association discrimination” under the Americans with Disabilities Act (ADA) and a retaliation claim under the Family and Medical […]

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EEOC clarifies rules for wellness programs

EEOC clarifies rules for wellness programs

| April 21, 2015 | Articles

Wellness programs in the workplace Increasingly, employers are putting in place wellness programs aimed at promoting healthier lifestyles and preventing disease among the workforce. Often they are offered in conjunction with company-sponsored health insurance plans. According to the benefits consulting firm Towers Watson, more than one-third of all employers charge a penalty to employees who […]

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Justice Department sues university in Oklahoma on behalf of transgender professor

Justice Department sues university in Oklahoma on behalf of transgender professor

| April 8, 2015 | Articles

One of the EEOC’s stated 2015 priorities is applying Title VII’s sex discrimination protection to lesbian, gay, bisexual and transgender individuals. This focus is illustrated by a recent case filed against Southeastern Oklahoma State University and the Regional University System of Oklahoma. Both defendants are agencies of the State of Oklahoma.

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President vetoes resolution to block new NLRB election rules

President vetoes resolution to block new NLRB election rules

| April 6, 2015 | Articles

The National Labor Relations Board’s new election rules, which include changes allowing for so-called “ambush elections,” will not be blocked by Congressional resolution after all. On March 31, President Obama vetoed a joint resolution of the U.S. Senate and House of Representatives that sought to block implementation of the NLRB’s election rules. As a result, […]

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NLRB rules employee’s vulgar, unprofessional  social media post is protected concerted activity

NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

| April 3, 2015 | Articles

Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary on social media is very often “protected concerted activity” under the National Labor Relations Act even when the language used is […]

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Disabilities that pose a ‘direct threat’  in the workplace

Disabilities that pose a ‘direct threat’ in the workplace

| April 1, 2015 | Articles

The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability. The ADA also requires employers to reasonably accommodate disabled individuals who are qualified for a position. However, the ADA recognizes a “direct threat” defense for employers who have been sued for disability discrimination. A “direct threat” involves a “significant risk of […]

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Appeals court rules no pretext found in ADEA discrimination case

Appeals court rules no pretext found in ADEA discrimination case

| March 23, 2015 | Articles

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 […]

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‘More’ does not equal ‘different’ when job duties are comparable under the Equal Pay Act

‘More’ does not equal ‘different’ when job duties are comparable under the Equal Pay Act

| March 20, 2015 | Articles

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, […]

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