Showing 6 posts from March 2014.

Same Sex Harassment is Actionable, California Court of Appeal Affirms

In Lewis v. City of Benicia, the First Appellate District affirmed once again that in California, same-sex harassment is actionable.

Brian Lewis, a volunteer and later paid intern at the City of Benecia’s water treatment plan, claimed he was sexually harassed by two male supervisors (Hickman and Lantrip) in violation of the California Fair Employment and Housing Act (FEHA), that he was subject to retaliation when he complained of the harassment, and that the City was liable for failing to prevent sexual harassment. More ›

Sixth Circuit: Retaliation Claim Fails if Decision-Maker is Unaware of Complaints

The U.S. Court of Appeals for the Sixth Circuit has held that a terminated Hispanic employee working as the director of global finance for an auto parts company in Michigan could not sustain a retaliation claim because he was unable to show that the managers who fired him were aware of his complaints to HR about disparaging remarks.  More ›

Female African-American CEO who was Replaced by Female Hispanic has Race Discrimination Claim

A female African-American employee was employed as the Chief Executive Officer for a transit management company. Other executives of the company had issues with the CEO, and they exchanged disparaging e-mails referring to the CEO as a "prima donna" and "helluva b*tch." The CEO was eventually fired by a founder of the company and replaced by a Hispanic woman. More ›

White Waitress in her 50s who quit job Cannot Establish Race or Age Claims

A Caucasian restaurant waitress who was in her 50s was allegedly subjected to daily comments about her age by an African-American general manager (GM). She claimed that the GM called her name such as "old woman," "old lady," and "grandma."  More ›

Seventh Circuit: Employee Failed to Establish link Between Termination and Filing of Workers' Comp Claim

The employee, who worked as a passenger general trucker, was terminated after 22 years when he failed to submit to a mandatory drug test following a workplace accident. The employer maintained a mandatory written substance abuse policy that required drug testing in certain situations.  More ›

Compliance: Employers closely watching Supreme Court’s ruling in Canning

The Court’s ruling will likely define the scope of the president’s recess appointments power for future administrations.

It’s easy to identify recess in an elementary school day: The bell rings, the kids tumble out of class, and the yard fills with playful shrieks and laughter.

Not so with Congress. The U.S. Senate’s chambers may be dark, official business on hold, the senators all home on vacation, and yet the legislative body may still be in session. More ›