In the days leading up to Christmas, the NLRB released 15 new opinions --13 of them concluded that the employer had promulgated an unlawful arbitration clause.
It is a complete oddity that, in the 2016, it is still statutorily legal for an employer to fire an employee because of that employee’s sexual orientation.
When an employer offers an employee a severance agreement, it wants to be done with the employee. It is paying severance in exchange for finality.
The mantra to 'document all performance issues' before terminating an employee is underscored by the court’s findings in the Landolfi case.
Get out the broom: Potential discrimination can’t be swept under the rug without fear of retaliation anymore.
If you do not train your supervisors, managers, and others in how to response to workplace harassment, you will have a difficult time avoiding liability when things go wrong.
Federal judges, many of whom served in the military, do not look kindly when employers trample that sacrifice through acts of discrimination
Extreme flatulence is one thing, but when you factor in 'uncontrollable diarrhea,' what else was this employer supposed to do?
Kevin Stuckey, an African-American, worked for AutoZone Inc. as a salesperson and then as a manager. During his employment, Stuckey was transferred to multiple stores in Chicago. Following his transfer in July 2012, in which his pay and job responsibilities were supposed to remain the same, Stuckey never returned to work. Instead he filed a U.S. Equal Employment Opportunity Commission charge of discrimination claiming that his transfer was initiated because of his race. The EEOC filed a lawsuit on Stuckey’s behalf, claiming that Stuckey’s transfer was part of a plan to “limit, segregate or classify” employees on the basis of race. The U.S. District Court for the Northern District of Illinois granted summary judgment to AutoZone, holding that even in a disparate impact case, the employees must show that they suffered an adverse action. The court held that there was no evidence that Stuckey’s transfer resulted in an objectively humiliating or degrading change in working conditions. EEOC v. AutoZone Inc., No. 14-cv-5579(Aug. 4, 2015).
IMPACT: Transferring employees to different locations is a legitimate business reason as long as it does not result in an objectively humiliating or degrading change in working conditions for the employee based on some protected classification such as race or sex.
Mark T. Kobata and Marty Denis are partners in the law firm Barlow, Kobata and Denis, which has offices in Beverly Hills, California, and Chicago.To comment, email firstname.lastname@example.org.
Employees who request accommodations should always be treated with care; otherwise you risk stepping on a retaliation land mine.