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  • issue 126
  • aug. 17, 2012

THIS WEEK: With Labor Day around the corner, you are going to want to do put in the hard work to get that last ounce of vacation in. Let Workplace Fairness help you get things done! Check out our Content Licensing for Legal Websites to learn more about adding some new features to your firm's webpage and greater mediums for advertising!

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In the News more

Muslim employee's suit accuses Disney of bias over head scarf

One more 'right': to join a union

Workplace Sexual Harassment and Negative Effects for All Employees: Harms Beyond Targets

Janet Napolitano-run Homeland Security treated male staffers like lapdogs, federal discrimination lawsuit charge

Accuracy in Criminal Background Checks

Employers Brace for EEOC 'Red Zone' Lawsuits

Company learns hard way to take sexual harassment seriously

Doctor's Dilemma: Medically Proving That Watching Pig Pornography Is Stressful

Should You Tell Your Employer About Your Side Job?

Thin Is In For Executive Women: How Weight Discrimination Contributes To The Glass Ceiling

Morningside House of Ellicott City to Pay $25,000 for Religious Discrimination

Forced to resign: What are your options?

Caldwell Freight Lines to Pay $120,000 to Settle EEOC Race Discrimination Lawsuit

How to handle partial-day absences under FMLA

Make family leave affordable for parents

Temp Employees Removed From Ship After Reporting Sexual Harassment By Female Supervisor Against Men

EEOC Intake Form Is Sufficient Notice of Discrimination Claim

dELia's Will Pay $75,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Now illegal for Illinois employers to ask for Facebook logins

Judge Declines to Reconsider Union-Organizing Rule

Members of Moreland Auto Group Pay $50,000 to Settle EEOC Lawsuit for Retaliation

NLRB Takes Aim At Employment-At-Will Clauses In Employee Handbooks

Restaurant associations take action on behalf of workforce

Mary Bullock's Discrimination Lawsuit Against Anti-Discrimination Agency Most Ironic Lawsuit Ever?

Unemployed Face Discrimination Just One Month After Losing Their Jobs, Report Says

Twin span sexual harassment case overturned by federal appeals court

2nd Circuit rebuffs challenge to Buffalo firefighter test

Court Grants EEOC Injunction Against Prospect Airport Services

Lettire Construction Agrees to Pay Back Wages for Workers

Chick-Fil-A Gay Flap A 'Wakeup Call' For Companies

Health Care Reform: Critical Next Steps for Employers

Seventh Circuit Reaffirms that Use of Gender-Specific Term Does Not Automatically Constitute Harassment

West Virginia High Court Affirms $2.1 Million Workplace Harassment Award

For Temp Workers, 'Temp' Looking More Permanent

You Can Be Fired for Being Too Fat, But You Might Collect a Fat Settlement Check, Too

Seyfarth Shaw Study Shows Increase in Wage and Hour Labor Suits

Women Need a Raise in the Minimum Wage

Fired obese worker will get $55,000

Kids R Us Childcare Company Settles EEOC Pregnancy Bias and Retaliation Suit for $75,00

Women farm workers win sex harassment case

On Wall St., Gender Bias Runs Deep

A Year After Dukes, the Impact on Employment Law Still Shaking Out

Illegal Aliens Are Not A Protected Class Under Title VII

Job records ordered for 'literacy' discrimination case

Our Ridiculous Approach to Retirement

Sexual harassment lawsuit roils Silicon Valley

Court Orders Hawaii HealthCare Professionals and Its Owner to Pay over $190,000 for Age Discrimination

U.S. Standards on Workplace Noise Trail Those of Other Countries

Cocktail Waitresses, Discrimination and the Entertainer Exemption

DiMare Ruskin to Pay $150,000 and Furnish Nationwide Relief to Settle EEOC Sexual Harassment Lawsuit

Beware of latest EEOC restrictions: Criminal background checks valuable but can create employer liability

Disability Employment: Are We at the Tipping Point? Disability Employment: Are We at the Tipping Point?

Why Democrats need labor unions

Low-wage workers will rally on 'Day of Action

San Francisco may pay $762K for emergency dispatcher harrassment, gender discrimination lawsuit

Pam Reeves: Employers should be aware of NLRB social media rulings

Newly created jobs go mostly to men

Lawsuit Claims Race Bias at Wet Seal Retail Chain

EEOC and Family Dollar Stores Sign Mediation Pact

10 Things You Didn't Know Were In The Affordable Care Act

Labor Department Computers Vulnerable to Leaks: Study

Making work better: industrial organizational psychology

Why Job Openings Don't Translate Into Jobs

RCC Consultants Will Pay $45,000 to Settle EEOC Disability Discrimination Lawsuit

Unions Fight Scranton Mayor After He Cuts Pay to Minimum Wage

Feds allege Bass Pro job discrimination

Kleiner Perkins loses key argument in Ellen Pao sex discrimination case

Racial discrimination lawsuit against Humana reinstated

Racial discrimination lawsuit against Humana reinstated

Raising Minimum Wage: A Help Or Harm?

Is taking work home overtime?

Department of Homeland Security Announces Work Authorization Program for Certain Illegal Immigrants

Sexual Orientation and Civil Rights

CIA cracks down on sexual harassment in its ranks

NLRB's Acting General Counsel Addresses Controversial Complaint Regarding At-Will Employment Language and Other Employee Handbook Provisions

B.J. Con/Sew to Pay $75,000 to Settle EEOC Lawsuit for Harassent

Can you be fired for what you post on Facebook?

How to Ask for a Leave of Absence

Obligatory use of E-Verify could lead to discrimination

BP to Pay $5.4. Million on Gender Bias Complaints

Transsexuals have few legal remedies

Law firms hit with discrimination suits

Courts Weigh in on FMLA Limits

Minor adjustments: Complying with federal teen labor rules

What the Supreme Court's Health-Law Ruling Means for Consumers

Job screening policy casts too wide a net

Dealing with a Bad Boss

EEOC Cracking Down on Not Hiring Convicted Criminals

Employee harassment suit against university to reach Supreme Court

Outsourcing Becomes Toxic in U.S. Presidential Campaign

Supreme Court Decision on Arizona Immigration Law

FedEx Freight to Pay $115,000 to Settle EEOC Sex Discrimination Lawsuit

Laws may keep obesity bias out of hiring

Supreme Court Upholds Key Part of Arizona Law

St. Louis Restaurant Settles EEOC Sexual Harassment Lawsuit

Sixth Circuit Court of Appeals affirms Board finding that charge nurses are employees under the Act

Transgender Rights in the Workplace Are Still Unclear

Topic of the Week more

Constant Complainers

In researching this topic I came across a great word, one-downmanship. read more

BLOGS: Today’s Workplacemore

This city is supposed to be a union town, but out at the airport, workers say they're getting fired for trying to join one. read more

Tula Connell

Minimum Wage Boost Could Create 100,000 Jobs

August 15, 2012 | Tula Connell

When wages rise, workers and communities benefit. So imagine how improved our national economy would be if the wages of nearly 30 million workers got a boost? read more

Lizabeth C.S. Bell

Why You Should Know Your Rights Under FMLA

August 14, 2012 | Lizabeth C.S. Bell

FMLA provides unpaid leave for a variety of reasons. However, people sometimes do not realize that leave may be used for purposes other than pregnancy and childbirth. This article attempts to clarify some situations that may justify using FMLA. read more

The campaign to shift the economic narrative from businesses not creating jobs to workers not being good enough to deserve jobs continues. Sometimes it's wholly cynical. Other times it seems to be done with good intentions. But ultimately, however good the intentions, workers--whether currently employed or struggling to find jobs--are harmed when powerful people promote the idea that the big reason for unemployment lies in the deficiencies of unemployed people. read more

In the Courts more

Adams v. Dept. of Defense

Federal Circuit; No. 11-3124 Decision Date: August 10, 2012

The decision of the Merit Systems Protection Board (Board), holding that it did not have jurisdiction to review petitioner's termination of his employment by the Department of Defense and the Department's denial of his request for voluntary early retirement is affirmed in part and reversed in part where: 1) it was not legal error for the agency to terminate petitioner's employment when he no longer possessed the requisite security clearance status; but 2) the Board's ruling as to its authority to review the denial of petitioner's retirement request is reversed as the Department's retirement decision is reviewable by the Board, independent of the revocation of petitioner's security clearance issue. read more

Donnelly v. Greenburgh Cent. Sch. Dist. No. 7

Second Circuit; No. 11-2448 Decision Date: August 10, 2012

In a former high school teacher's suit against a school district, alleging that he was unlawfully denied tenure in retaliation for having taken protected leave pursuant to the Family Medical Leave Act (FMLA), district court's judgment in favor of the school district is reversed and remanded where: 1) plaintiff has presented a genuine issue of material fact as to whether he worked enough hours to be eligible for FMLA leave; 2) the standard governing review of allegedly unlawful university tenure denials is inapplicable to such denial in public high schools; and 3) plaintiff has presented enough evidence of FMLA retaliation to survive a motion for summary judgment. read more

Bucalo v. Shelter Island Union Free Sch. Dist.

Second Circuit; No. 10-1516 Decision Date: August 10, 2012

In a suit for age discrimination and retaliation against a school district, district court's judgment in favor of the school district is affirmed, as plaintiff was not entitled to judgment as a matter of law because elements of her prima facie case for both age discrimination and retaliation were disputed, and the school district satisfied its burden of production under the second step of McDonnell Douglas framework. read more

Zavala v. Wal Mart Stores, Inc.

Third Circuit; No. 11-2381 Decision Date: August 9, 2012

In a suit brought by Wal-Mart cleaning crew seeking compensation for unpaid overtime and certification of a collective action under the Fair Labor Standards Act (FLSA), civil damages under RICO, and damages for false imprisonment, district court's grant of summary judgment in favor of the defendant is affirmed where: 1) plaintiffs have failed to satisfy the "similarly situated" standard, as the similarities among the proposed plaintiffs are too few, and the differences among the proposed plaintiffs are too many; 2) plaintiffs have failed to state a claim for RICO or RICO conspiracy by failing to allege a pattern of predicate acts; and 3) summary judgment on plaintiffs' false imprisonment claim is appropriate as they have not shown that emergency exits were absent in the buildings or obstructed in any way. read more

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