According to a recent Americans with Disabilities Act case from the U.S. Sixth Circuit Court of Appeals, a failure to accommodate an employee’s disability may result in a constructive discharge and expose the employer to the same kind of liability it would face had it terminated an employee because of a disability.
In Talley
The touchstone in any litigation regarding termination is fairness. A jury will look to see if the employee was treated fairly given the circumstances, or if the employer acted in an arbitrary and unfair manner. An employer should always ask, "Is this termination fair to the company? To the employee? To our customers? To our
In the first case of its kind before a federal circuit court, the Seventh Circuit Court of Appeals held recently that an employer violated Title VII for terminating a female employee who underwent in vitro fertilization treatments. To read the opinion in Hall v. Nalco Company, click here.
The employer terminated the employee citing “absenteeism—infertility treatments.”
The U.S. Senate yesterday approved the ADA Amendments Act (ADAAA) by unanimous consent, making enactment of the ADAAA likely. As the Stoel Rives World of Employment previously reported, the ADAAA would overturn several U.S. Supreme Court decisions that many critics claim have too narrowly interpreted the Americans with Disabilities Act‘s coverage. To read
Earlier this week, the U.S. Court of Appeals for the Third Circuit held labor union UNITE HERE liable under the federal Driver’s Privacy Protection Act (DPPA) for accessing the motor vehicle records of Cintas Corp. employees to find their home addresses. The decision is available here: Pichler v. UNITE.
As part of a 2002 organizing
The Presidential election is less than two months away, and the candidates’ campaigns are in full swing. Oddly enough, the candidates have been strangely silent on labor and employment law issues, focusing their attention on other pressing national security concerns, such as putting lipstick on pigs. Glad to see they’re taking the high road.
In
The City of Vancouver, Washington announced yesterday that it will pay a former police officer $1.65 million to settle a federal retaliation and racial discrimination lawsuit he filed two years ago over his termination. To read the Oregonian’s coverage on the case, click here.
This isn’t plaintiff Navin Sharma’s first settlement with the city: he settled
California employers take note: The California State Assembly recently passed four significant employment-related bills that you should pay close attention to:
California employers beware: the state Attorney General is enforcing meal breaks and overtime laws. This week, an Orange County drywall contractor agreed to pay $1.4 million in damages to employees who did not receive their legally required meal breaks or who did not recieve overtime. To read the settlement in the case, California v. Interwall Dev. Sys. Inc.
The Human Rights Campaign Foundation yesterday released its seventh annual Corporate Equality Index ("CEI"), which rates 583 large businesses on a scale from 0 to 100 percent on their treatment of lesbian, gay, bisexual and transgender employees. This year 259 businesses–employing more than 9 million full-time employees–achieved a perfect score, a one-third increase over last