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Most Recent Articles

Can you provide a sample policy dealing with workplace searches? pdf
20120222_customer_query.pdf (237 Kb)
February 22, 2012


Setting Limits On Multitasking At Work pdf
20120222_setting_limits.pdf (391 Kb)
February 22, 2012
Multitasking -- doing two or more things at once -- has become a way of life for many as technology has become more integral to how we live and work. We try to complete several tasks simultaneously in order to stay on top of our workload, to cope with overload, and to get ahead.

DOL Model FMLA Forms Approved Through 2015 pdf
20120222_dol_model.pdf (363 Kb)
February 22, 2012
Even after the start of 2012, the model FMLA certification and notification forms provided by the U.S. Department of Labor still carried an expiration date of Dec. 31, 2011. In those first few weeks of the year, the DOL said employers could continue to use those outdated forms.

School Granted Summary Judgment On Claims Of Age-Based Disparate Discipline And Demotion pdf
20120222_school_granted.pdf (372 Kb)
February 22, 2012
In this case the trial court concluded that a Massachusetts school district was entitled to summary judgment on an older custodian's claims of age-based disparate discipline and demotion. The custodian was suspended for five days and assigned to a float position (which required him to work on a rotating basis at four elementary schools) after he used a work computer for personal purposes.

Hispanic Employee Of Cuban Origin Not Subjected To Wage Discrimination pdf
20120222_hispanic_employee.pdf (345 Kb)
February 22, 2012
In this case the Eighth Circuit held that, even assuming that an Hispanic employee of Cuban origin established a prima facie case of wage discrimination based on race and national origin under Title VII, by showing that he was the only branch manager paid below the recommended salary range at the branch level, the employer's proffered reasons for the employee's salary were not pretext for wage discrimination.

Nondiscriminatory Reason For Termination Not Shown To Be Pretext pdf
20120222_nondiscriminatory_reason.pdf (276 Kb)
February 22, 2012
In this case the trial court held that an employee leasing company that recruited aircraft mechanics and leased them back to aircraft maintenance facilities was entitled to summary judgment on a terminated African-American employee's race discrimination claim.

African-American City Employee Failed To Demonstrate Termination Was Discriminatory pdf
20120222_african_american.pdf (390 Kb)
February 22, 2012
Herbert Blackmon, an African?American former building inspector, brought this Title VII suit alleging that his former employer, the City of Chicago: (1) discriminated against him because of his race and color by criticizing his performance, increasing his workload, denying him sufficient training, and eventually terminating his employment, and (2) retaliated against him after he complained about a co-worker's comments by transferring him to another division and later terminating his employment.

Nurse Who Suffered Aneurysm Causing Loss Of Vision Was Not Disabled Under ADA pdf
20120222_nurse_who.pdf (335 Kb)
February 22, 2012
Granting summary judgment for the employer defendant in this case, the trial court held that a licensed practical nurse who suffered an aneurysm behind her left eye was not disabled within the meaning of the Americans with Disabilities Act (?ADA?) or the Kentucky Civil Rights Act (?KCRA?).

Court Uphold Termination Of Mother For Asking To Pump Breast Milk At Work pdf
20120222_court_uphold.pdf (278 Kb)
February 22, 2012
A federal judge in Texas says a mother was not protected by law from losing her job even if it's true she was fired for asking to pump breast milk at work for her baby."Lactation is not pregnancy, childbirth, or a related medical condition," and hence there is no cause of action for "lactation discrimination" under federal civil rights law protecting pregnant women, said U.S. District Judge Lynn Hughes.

Employee Raised Genuine Issue Of Pretextual Nature Of Proffered Reason For Non-Promotion pdf
20120222_employee_raised.pdf (331 Kb)
February 22, 2012
In this case the Eleventh Circuit held that the issue of the pretextual nature of an employer?s proffered race-neutral reason for promoting a white employee from another plant to shift manager instead of promoting an African-American employee--that the plant had been performing poorly and the plant manager wanted someone who had not been part of management during the plant's period of poor performance--was for the jury.



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