The news on the issue of sexual harassment is prevalent today and government bodies are enacting new laws affording additional protections and companies are reevaluating their policies, procedures, and best practices. The common understanding is that if a supervisor is the perpetrator of sexual harassment, then actual notice of the offending acts is imputed on the employer. However, what qualifies a person as a true manager or supervisor under Title VII of the Civil Rights Act of 1964? This … [Read more...]
Religious Discrimination in the Workplace
March 5, 2018 by
There are various forms of religious discrimination in the workplace. If you have been denied work or a promotion, harassed at work, or denied an accommodation at work because of your religious beliefs or practices, or because of your lack of certain religious beliefs you may have recourse. Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminatory conduct in the work place on basis of religion or spiritual faith. With respect to religion, the EEOC sets out … [Read more...]
Two Federal Circuits Recognize Sexual Orientation as Discrimination Under Title VII
March 2, 2018 by
Our firm had the privilege of representing a client in a federal lawsuit alleging gender based discrimination on account of his sexual orientation that involved gender stereotyping. That matter was resolved but it was a plausible avenue to the Supreme Court though leading cases were filed prior to that matter. The majority of federal circuits have failed to recognize such a cause of action, however the second and seventh circuit court of appeals have recognized that discrimination … [Read more...]
Tennessee Occupational Safety and Health Act Prescribes Exclusive Remedy for Retaliatory Discharge
February 23, 2018 by
In the plaintiff's Complaint, she alleged she was employed by AAI, a wholly-owned subsidiary of Edwards & Associates, Inc., and her job entailed finishing interior plastics. She alleged that on October 24, 2006, she reported an OSHA-reportable violation pertaining to fiberglass sanding to her supervisor, and that her supervisor told her to directly confront the employee, in violation of regulations. One of the major questions put before the Court was whether the discretionary administrative … [Read more...]
Employer’s Obligation and Duty to Engage in Interactive Process Under ADA
February 22, 2018 by
The Americans with Disabilities Act of 1990 (“ADA”) protects the disabled in the workplace by prohibiting affected employers from, among other things, “not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an employee, unless such [employer] can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such [employer].” 42 U.S.C. § 12112(b)(5)(A). The Americans … [Read more...]
Telecommuting recognized a possible reasonable accommodation for disabled
February 21, 2018 by
A new opinion out today supporting employee’s rights to telecommuting as a reasonable accommodation. Andrea Mosby-Meachem, an in-house attorney for Memphis Light, Gas & Water Division, was denied a request to work from home for ten weeks while she was on bedrest due to complications from pregnancy. Mrs. Mosby-Meacham was awarded judgment by a jury for disability discrimination including compensatory damages. Defense attempted to argue that her position as in-house counsel required … [Read more...]
New EEOC Guidance on Retaliation Charge
December 2, 2016 by
U.S. Equal Employment Opportunity Commission (EEOC) issued its final Enforcement Guidance on Retaliation and Related Issues, to replace its 1998 Compliance Manual section on retaliation. The guidance also addresses the separate "interference" provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights. Link to guidance below. https://www.eeoc.gov/laws/guidance/retaliation-guidance.cfm … [Read more...]
New DOL Rule Significantly Changes Overtime Rules
September 23, 2016 by
Key Provisions of the Final Rule Per new overtime rules set out by the Department of Labor, a new Final Rule focuses primarily on updating the salary and compensation levels needed for Executive, Administrative and Professional workers to be exempt. Specifically, the Final Rule: Sets the standard salary level at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region, currently the South ($913 per week; $47,476 annually for a full-year … [Read more...]
Jimmy Johns Franchisee violates National Labor Relations Act as it Unlawfully Disciplined Employees Participating in Union ‘Sandwhich’ Poster Campaign
March 29, 2016 by
Employees of a Jimmy Johns franchisee were not afforded the opportunity to have paid sick leave. A number of these employees coordinated with a local union attempting to recruit employees in a marketing campaign protesting lack of such benefits. The campaign included the staple of Jimmy Johns being a sandwhich on a poster to illustrate the theme of their protest. The eighth district federal court ruled that franchisee owner unlawfully solicited the removal of protected material from public … [Read more...]
