Showing 6 posts from September 2014.

11th Circuit: Exposure to Subjectively Unpleasant Weather Conditions and Deprivation of Office Amenities is not Adverse Employment Action

Henry McCone worked for several years as a non-driving customer service associate. His job duties involved opening received mail and preparing outgoing mail. Pitney Bowes transferred him to a position requiring him to drive correspondence and files between sites in the Orlando area. The result was McCone had to endure unfavorable weather conditions and lost regular access to office amenities, such as air-conditioning, restrooms, a microwave oven, and a refrigerator. Two women who also served as customer service associates were neither trained nor required to work as a driver. More ›

Security Guard Terminated After Incident with Psychiatric Patient Cannot Advance Discrimination Claims

The Sixth Circuit recently upheld a Michigan district court's decision to dismiss a 52-year-old African-American female security guard's age, race, and sex discrimination claims arising from her discharge following an incident with a combative psychiatric patient at the hospital where she worked. More ›

New California Law Imposes Liability on Companies Where Labor Contractors fail to pay Wages or Provide Workers’ Compensation Insurance

On Sunday, September 28, 2014, California Governor Jerry Brown signed into law AB 1897 (D-Hernandez), which imposes liability on companies who use subcontracted temporary labor if the temp company fails to pay wages or provide valid workers’ compensation coverage. The bill applies where a temp company supplies workers to a client employer to perform labor within the client employer’s usual course of business. More ›

Fifth Circuit Broadens Definition of "Adverse Employment Action" under Title VII

The Fifth Circuit Court of Appeals has historically been one of the more restrictive federal appellate courts in its definition of an "adverse employment action." The court recently held, however, that a city police department's restriction of a detective's responsibilities after his return from a disciplinary suspension was sufficient to fall within the category of "adverse employment action." More ›

Corporate Franchisor may be Liable for Harassment of Franchisee even if Unnamed in EEOC Charge

Plaintiffs Kimberly Kulig and Laura Baatz worked at a franchise-location of Berryhill Baja Grill & Cantina in Houston, Texas. The franchise-location was owned and operated by Defendant Phillip Wattel. The two female employees filed charges with the EEOC complaining of Mr. Wattel’s sexual harassment. Mr. Wattel admitted to groping, slapping, and even biting Kulig and Baatz, arguing in his defense that Berryhill Baja Grill is a “grab-assy place.” More ›

Illinois House Bill 4157 Extends Sexual Harassment Protections to Unpaid Interns

On August 25, 2014, Illinois Governor Pat Quinn signed into law House Bill 4157, amending the Illinois Human Rights Act (the "Act") to extend the Act's sexual harassment protections to unpaid interns. Beginning on January 1, 2015, the definition of "employee" will be expanded to include unpaid interns who meet certain criteria.   More ›