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Employment Law

Lack of pervasive harassment dooms hostile work claim (access required)

Although the record showed the former operating room technician had multiple issues with employees, the alleged conduct, which included three direct confrontations, one overheard conversation and complaints made out of the employee’s presence, was not sufficiently severe or pervasive to ...

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Employees must be compensated for attending job training (access required)

Only the plaintiffs who received right-to-sue letters from the Equal Employment Opportunity Commission more than 180 days after filing their EEOC charges could proceed on their discrimination and retaliation claims, but all plaintiffs adequately alleged violations of the Fair Labor ...

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Lack of pervasive harassment dooms hostile work claim (access required)

Although the record showed the former operating room technician had multiple issues with employees, the alleged conduct, which included three direct confrontations, one overheard conversation and complaints made out of the employee’s presence, was not sufficiently severe or pervasive to ...

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Restaurant employee fired for legitimate business reasons (access required)

A longtime employee who was terminated after being repeatedly counseled about safety and cleanliness issues failed to show the termination was because of his race or age. Instead, the court held the termination was for legitimate business reasons. Background Gary ...

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Breach suit prompts retaliation counterclaim (access required)

Where an employer brought a breach of contract action against an employee only two months after the employee filed a discrimination charge with the Equal Employment Opportunity Commission, the employee had a counterclaim for retaliation under 42 U.S.C. § 1981, but ...

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Denial of tenure not a deprivation of liberty (access required)

Employee’s denial of tenure was insufficient to constitute a deprivation of liberty, and the employee’s claims that the denial constituted discrimination and retaliation based on his disability were time-barred because they were not filed within one year after the denial. ...

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Hospital’s time-keeping policies back Fair Labor claims (access required)

Only the plaintiffs who received right-to-sue letters from the Equal Employment Opportunity Commission more than 180 days after filing their EEOC charges could proceed on their discrimination and retaliation claims, but all plaintiffs adequately alleged violations of the Fair Labor ...

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Investigation revealed color discrimination claim (access required)

An employee’s claim of discrimination on the basis of color was allowed to proceed because it was reasonably related to the race discrimination charge she had brought before the Equal Employment Opportunity Commission and the investigation of that charge put ...

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