If a Worker Calls Himself an Independent Contractor, Isn’t that Enough?
Posted on June 27, 2018
the situation A worker enters into an independent contractor agreement with a company to provide some general maintenance work. But then after the worker is injured in an accident, he claims he is entitled to disability benefits as an employee of the company, along with some unpaid overtime. Is there any way for him to […]
Could Pre-Employment Strength Testing Equal Discrimination?
Posted on June 20, 2018
the situation Prior to hiring candidates for specific positions with certain physical requirements, an employer requires the candidates to undergo a strength test. If this ends up weeding out more women than men, could this be discriminatory? the ruling It could be. CSX Transportation, Inc. just agreed to pay $3.2 million and provide some other […]
Is Calling Someone “Boy” Discriminatory?
Posted on May 30, 2018
the situation A supervisor repeatedly calls an employee “boy,” even after the employee requests that he stop referring to him in that way. After the employee is fired, he claims that he was subjected to discrimination in violation of Title VII. Can calling him “boy” support such a claim? the ruling It depends on a […]
Even Busta Rhymes Can’t Keep Settlement of Unpaid Overtime Claim Confidential
Posted on May 23, 2018
the situation An employer decides to settle a claim brought by an employee under the FLSA for unpaid overtime. The employer would like to keep the settlement confidential—is that okay? the ruling Most likely no. A federal court in New York recently rejected the parties’ joint motion for settlement approval that would have kept the […]
Is a No-Spanish Policy Discriminatory?
Posted on May 16, 2018
the situation A retail company rolls out a new policy prohibiting employees from speaking Spanish in front of customers. At one store, a manager takes it a step further and tells employees they are not to speak Spanish at all while on store premises, even if on break. Does this constitute national origin discrimination? the […]
Can Straight Employee Bring a Claim for Reverse Discrimination?
Posted on May 9, 2018
the situation A heterosexual employee posts an anti-LGBTQ comment on Facebook. She claims that after learning about this post, her supervisor, a member of the LGBTQ community, begins treating her differently and ultimately fires her. Can she bring a claim of discrimination under Title VII? the ruling The EEOC says yes. Last week, the EEOC […]
Just What is a “Suitable Space” for a Nursing Mother?
Posted on May 2, 2018
the situation An employee returns to work after having a child and requests that she be provided with a place to express breastmilk. The law mandates that employers provide employees with suitable space and time for nursing—but what exactly does this mean? the ruling A federal court in Arizona recently addressed this issue and found […]
Can Setting Pay Based on Prior Salary Equal Discrimination?
Posted on April 25, 2018
the situation An employer sets new employees’ salaries partly based on what they were making previously. If this results in a female employee being paid less than a male employee in the same position, does this support a claim of discrimination? the ruling Yes, this could result in liability under the Equal Pay Act, according […]