Workers who experience domestic violence, sexual assault or stalking may be protected from discrimination by Title VII of the Civil Rights Act and the Americans with Disabilities Act, according to new guidance from the federal government. The U.S. Equal Employment…
The U.S. Labor Department is seeking an additional $6.4 million in fiscal year 2013 for increased enforcement of the Fair Labor Standards Act and the Family Medical Leave Act, according to testimony by Labor Sec. Hilda Solis. “As we continue…
By Mara Cherkasky A former customer service representative who suffers from irritable bowel syndrome and claims she was harassed by her bosses and eventually fired for seeking leave under the Family and Medical Leave Act may move forward with her…
A recent appeals court ruling shows that clear and consistent documentation of an employee’s poor performance is more important than certain imprudent things a supervisor may say to an employee. Robert Dickerson, an individual with a mental disability, worked as a…
The U.S. government is sharpening its whistleblower protection program, hiring and training more OSHA agents to cultivate employee complaints against their companies. The Occupational Safety and Health Administration (OSHA) wants to increase the number of “whistleblower managers,” who work with disgruntled…
Alleging that a supervisor exacerbated an employee’s pre-existing health condition is not a valid theory of liability under the Family and Medical Leave Act, the 7th U.S. Circuit Court of Appeals ruled. The issue of serious health conditions covered by…
An employer’s desire to quickly fire an employee can drag it into violating labor laws. Recently, the firing of an employee for misusing 20 minutes of family medical leave led to conclusions that the firing was retaliation for union activity….
An employer violated the National Labor Relations Act (NLRA) by firing five employees who complained on Facebook — off-hours — about their jobs, an administrative law judge for the National Labor Relations Board (NLRB) held. So the employer must do…
When it comes to workplace policy on social media, much attention is on the inappropriate actions of lower-level employees. But what happens when the loose cannon is the boss? One recent news article shows that in such cases, it’s best…
Recently, an employee argued in an association discrimination claim that he was fired because his employer feared he would be distracted at work by his wife’s disability. That excuse didn’t pan out, because in fact the employer was just fed…