Sixth Circuit: Employee Fails to Establish race Discrimination based on Having Biracial Children

An employee was terminated after her employer conducted an investigation which ultimately revealed that she was stealing hydrocodone pills from the employer’s pharmacy. As a result of the investigation, the employer contacted the local police and provided them with information that ultimately led to the arrest of the employee. The employee then filed suit against her employer, claiming that the employer was deliberately misleading and malicious in providing information to the police which led to her arrest. The employee claimed that her termination was actually because of her race, and more specifically, based on her having biracial children. She also claimed that she was retaliated against for her complaints about unlawful race discrimination. The employee alleged that the employer’s actions violated the state of Michigan’s Elliot-Larsen Civil Rights Act and common law, and Title VII of the Civil Rights Act of 1964, as amended. More ›

Florida Court Declares 104-Week Limit of Temporary Benefits Unconstitutional, Reinstates 260-Week Cap

The Florida First District Court of Appeals was recently presented with a question concerning the constitutionality of the 104-week limitation on temporary indemnity benefits based on an injured worker who was not yet ready to return to work after the 104 weeks of temporary benefits, but who was not able to prove eventual permanent and total disability benefits, and therefore not entitled to indemnity benefits.  More ›

Employers must give Breast-Feeding Mothers time and Privacy Under The Affordable Care Act

Under the Affordable Care Act (ObamaCare), an employer is required to provide the following for breastfeeding mothers who are employees:

• A reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk;
• A place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.

The employer is not  required to compensate the employee receiving break time for expressing milk for any work time spent for this purpose. More ›

Tenth Circuit Finds that Corporations Cannot Suffer From A Hostile Work Environment

A cleaning company owned by two white women had a cleaning contract with a city airport. Throughout the period of the contract, the cleaning company’s owners and employees worked with a contract-compliance technician at the airport to arrange for cleaning services. According to the owners of the cleaning company, the technician, an African American male, made discriminatory comments regarding the owners’ gender and race and made the work environment miserable for their employees. When the owners of the cleaning company complained that the airport staff was not treating them well and that the airport was discriminating against the company, the airport terminated the contract. Thereafter, the cleaning company sued the airport and the technician alleging gender and race-based discrimination and a violation of its constitutional rights. More ›