It is a common and curious question as to what age gap is necessary to justify an age discrimination claim. The Sixth Circuit Court of Appeals in the matter of Blizzard v. Marion Technical College (No. 3:09-cv-1643 Northern District Ohio) narrowed the age gap as to what is or is not a "significant" difference. The Court held that the magic number of six years or less would not constitute a "significant" gap in age to make out a prima facie claim of age discrimination. This case involves a … [Read more...]
Cancer Patient Can Be Fired by Wal-Mart for Medical Marijuana Use.
April 29, 2014 by
There was dominant debate in the Tennessee legislature this year for passing a medical marijuana bill allowing patients with a prescription to benefit from its medicinal properties. The issue that was not part of the debate was its impact on private employers and whether they must adopt a similarly progressive policy or regulate private employment in any way. A recent case out of the Michigan district which is part of the Sixth Circuit as Tennessee is may have application to a potential … [Read more...]
NFL Cheerleader Lawsuits: Employees or Independent Contractors?
April 25, 2014 by
Employees are entitled to prosecute a cause of action for failure to pay wages and other unfair employment practices. There are a variety of avenues to pursue such as in federal court citing the regulations promulgated by the National Labor Relations Board or state court citing statutes prohibiting in effect wage theft. A number of class actions have been filed against three NFL franchises by cheerleaders. Specifically, the suit against the Oakland Raiders charges that the team withholds … [Read more...]
6th Circuit: General contractors liable as ‘joint employers’ with subcontractors’ discrimination
April 24, 2014 by
The U.S. Court of Appeals for the Sixth Circuit held Dec. 10 (EEOC v. Skanska USA Bldg., Inc., 2013 BL 341867, 6th Cir., No. 12-5967, unpublished opinion 12/10/13) that a contractor can be held liable as a 'joint employer' for discriminatory acts of a subcontractor if certain facts exist. The Sixth Circuit heard this as a matter of first impression in that it has not applied the 'joint employer' theory in a Title VII Civil Rights Act of 1964 discrimination case though it has expressed "in … [Read more...]
FMLA Leave: Vegas here I come!
April 22, 2014 by
In Ballard v. Chicago Park District, No. 13-1445 (7th Cir., January 28, 2014) the Seventh Circuit Court of Appeals considered whether the FMLA (Family Medical Leave Act) applies to protect an employee’s trip to Las Vegas with her ill mother. The employee was an employee for the City of Chicago and resided with her mother who was receiving hospice and palliative care due to end stage congestive heart failure. The employee's care of her mother included cooking meals, administering insulin and … [Read more...]
Ladies: Lactate Away at Work!
April 17, 2014 by
A recent ruling out of the fifth circuit court of appeals now offers protection to mothers in the workplace who lactate or express milk after pregnancy. Furthermore, discrimination by an employer who materially alters the terms or conditions of a female employee’s employment constitutes a cause of action for sex discrimination under Title VII of the Civil Rights Act of 1964. It would also violate the Pregnancy Discrimination Act which amended Title VII by broadening sex discrimination to … [Read more...]
Dollar General Settles Sexual Harassment Suit Filed By EEOC
February 18, 2014 by
The Equal Employment Opportunity Commission (EEOC) charged by the Congress to enforce Title VII of the Civil Rights Act of 1964 filed a lawsuit on behalf of female employees working at a Dollar General store in Arkansas. The store manager who had been relocated that store perpetrated the alleged sexual harassment with several women at the store by asking for sexual favors. One female employee reported the behavior to the corporate hotline and the assistant manager but the corporate office … [Read more...]
How do I get an orthopedic referral?
February 13, 2014 by
If you are an employee who has been subject to a injury workplace involving strenuous physical activity, you are likely presenting symptoms of an orthopedic injury. Your C-42 panel very likely limited your choice of three physicians to urgent care facilities or a primary care physician and one chiropractor. Upon presenting to your primary care physician, you are likely further subjected to conservative treatment of physical therapy and steroid injections. That MRI you may or may not know … [Read more...]
C-42 Workers compensation panel cannot include physicians associated in same practice.
February 12, 2014 by
The insurer for employers will often provide the C-42 panel of three physicians required by statute who are associated together in the same practice. They do this particularly when the injured employee is not represented by an attorney. The insurance companies are familiar with physician practices who are consistently conservative in their treatment and impairment ratings which translates into less being paid out on claims. This provides for less diagnostics being provided to injured … [Read more...]
Hotline? What Company Hotline?
February 7, 2014 by
If you are employed by a large corporation, you likely attended an orientation program where you were provided numerous materials such as employee handbooks and other corporate policies. The company may have been transparent about a corporate hotline that an employee may call in the event they are subject to or witness discrimination or violation of ethics policies. However, many companies are not so motivated to disclose this hotline because they benefit from an employee's failure to engage … [Read more...]
