Showing 74 posts in Discrimination.

Terminated Employee Denied Accommodations has Triable ADA Claims

August 1, 2011 by Hinshaw & Culbertson LLP

An employee was on a flexible work schedule for a number of years to accommodate her disability, chronic fatigue syndrome (CFS). After being assigned to a new supervisor, the employee was served with written reprimands for attendance and deprived of other accommodations that eased her symptoms, including a flexible work schedule. The employee took medical leave from her job because of the stress caused by her supervisor’s actions and was subsequently terminated. The employee claimed that her employer had violated the American with Disabilities Act (ADA) when it failed to provide her with reasonable accommodations for her disabilities and that it retaliated against her by terminating her employment. The U.S. Court of Appeals for the First Circuit held that although attendance is an essential function of any job, whether a reasonable accommodation, such as a flexible work schedule, will allow an employee to maintain good attendance must be considered by the employer. With the recent implementation of new regulations addressing the ADA, employers must carefully consider whether reasonable accommodations are available that will aid employees in performing the essential functions of their job, including accommodations that will adequately address employee attendance.

Title VII Provides Retaliation Claim to son Based upon Father’s Protected Activity

June 1, 2011 by Hinshaw & Culbertson LLP

Two employees, a father and son, sued their employer under Title VII of the Civil Rights Act of 1965, as amended (Title VII), which makes it unlawful for an employer to retaliate against an employee for engaging in protected Title VII activity. Both the father and the son alleged that they had been subjected to adverse employment actions because of the father’s prior complaints of discrimination. The district court granted summary judgment to the employer on the son’s claim, relying on earlier federal decision that had interpreted Title VII as requiring a plaintiff to allege retaliation “because of his own protected activity.” The U.S. Court of Appeals for the Fifth Circuit reversed, recognizing that the U.S. Supreme Court had rejected that interpretation of Title VII just months later in the case of Thompson v. North American Stainless, LP, 131 S. Ct. 863 (2011), where the high court found that a husband was entitled to bring a Title VII claim based on retaliation that he suffered because of protected Title VII activity by his wife. Relying on the Supreme Court’s holding in Thompson that Title VII permits an employee to bring a claim based on retaliation suffered because of protected activity by a “close family member” who is also a co-worker, the Fifth Circuit remanded the son’s claim for reconsideration. Employers should remember that in light of Thompson, any adverse actions taken against an employee who has complained of discrimination or against any of that employee’s family members could be grounds for a Title VII retaliation claim.

Former Employee must Arbitrate Discrimination Claim Because the Employment Agreement Constituted a Valid Contract

June 1, 2011 by Hinshaw & Culbertson LLP

An employee signed an employment agreement four years after she began her employment with the employer. The agreement contained an arbitration clause that set out a three-step process for resolving employment disputes, including discrimination claims. The employee sought to have the agreement invalidated based on lack of consideration and lack of notice as to the arbitration provision. The U.S. Court of Appeals for the First Circuit held that the employee’s agreement to the alternative dispute resolution process in exchange for the employer’s promise to waive certain defenses satisfied the consideration requirement for contract formation. The court also held that the plain text of the agreement provided the employee with adequate notice that employment discrimination claims would be subject to arbitration. Accordingly, the court ruled that the employee was required to arbitrate her claims. In light of this case, employers should consider utilizing a carefully drafted arbitration clause in their employment agreements as a viable alternative to being forced to litigate discrimination claims.

Forum-Selection Clause in Employment Agreement Enforced in Title VII Case

April 1, 2011 by Hinshaw & Culbertson LLP

An employee signed an employment agreement with her employer. The agreement set the terms and conditions of the employee’s employment and included the following forum-selection clause: “The parties agree that all claims or causes of action relating to or arising from this Agreement shall be brought in a court in the City of Richmond, Virginia.” The agreement also included a choice of law provision designating Virginia law as controlling. Subsequently, the employee was terminated and she sued in Florida. The employee alleged that the employer unlawfully terminated her after she announced that she was pregnant, and that she was fired in retaliation for objecting to her employer’s unlawful conduct. The U.S. Court of Appeals for the Eleventh Circuit dismissed the employee’s claims because they were brought in an improper venue. The court held that all claims arising directly or indirectly from the employee’s employment relationship with the employer had to be brought in a court in Richmond due to the forum-selection clause in the employment agreement. This case exemplifies how forum-selection clauses allow employers to defend against potential lawsuits in the state they prefer.

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