6th Circuit: General contractors liable as ‘joint employers’ with subcontractors’ discrimination

subcontractors

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of Appeals for the Sixth Circuit held Dec. 10 (EEOC v. Skanska USA Bldg., Inc., 2013 BL 341867, 6th Cir., No. 12-5967, unpublished opinion 12/10/13) that a contractor can be held liable as a 'joint employer' for discriminatory acts of a subcontractor if certain facts exist.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!

int248F

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!

breast pump

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

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?

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...]

Are staffing employees protected from discrimination under the law?

temp agency

In general, an employment agency is defined by Title VII as any person who regularly undertakes to procure employees for an employer, or to procure employment opportunities for an employee; the definition includes an agent of such a person. EEOC Notice Number 915.002 provides public guidance as to issue of whether a staffing employee is protected from discrimination at the workplace that the employee is sent to.  The EEOC clearly holds that “staffing firm workers are generally covered under … [Read more...]

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