Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Discrimination

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Probability, manipulation, and random drug testing

Posted in Discrimination, Drug Testing
Is that “random” drug test selection really random? Many employers — particularly, those in the transportation industry — use third party vendors to do the random selections for federally mandated drug and alcohol tests. I think it’s a great idea, because it prevents employees from claiming that they were selected for “random” testing in a not-very-random… Continue Reading

Can we stop with the age-based stereotypes?

Posted in Discrimination
Is “digital native” the latest code term for “young”? A hot topic for the past few days, after an article on the subject appeared in Fortune, has been whether it’s discriminatory for an employer to specify in recruiting that it’s seeking to hire “digital natives.” A “digital native” is someone who was born into the digital world, which… Continue Reading

EEOC transgender case in Detroit will go forward

Posted in Civil Procedure, Discrimination, Gender Identity Discrimination
As our readers know, the EEOC filed two lawsuits last fall against private employers, alleging discrimination against transgender individuals: one case against a medical practice in Florida, and the other against a funeral home operation in the Detroit area. And as I reported last week, the Florida case settled for $150,000 plus some training and other… Continue Reading

Hey – that EEOC wellness rule isn’t half bad

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Retaliation
NOTE: As I breathlessly reported last week, the EEOC has issued its long-awaited proposed rule on employer wellness programs and the Americans with Disabilities Act. (Here is a nicer copy than the one that was available then.) Brian Magargle, who knows a lot more than I do about the Health Insurance Portability and Accountability Act and the Affordable Care… Continue Reading

Is telecommuting a reasonable accommodation, or is it not?

Posted in Americans with Disabilities Act, Discrimination
Inquiring minds want to know! In the context of a lawsuit brought under the Americans with Disabilities Act, a recent court decision says that “regular attendance” is an essential function of the job. But what is “regular attendance”? Which made me think of this: (I promise – this is neither a pro- nor an anti-Hilary Clinton post,… Continue Reading

One of EEOC’s first transgender lawsuits has settled

Posted in Discrimination, Gender Identity Discrimination
Last September, I posted that the EEOC had filed its first two lawsuits against private employers alleging discrimination based on gender identity. The EEOC announced this week that one of the lawsuits — against Lakeland Eye Clinic of Florida — has settled. The Clinic has agreed to make two payments of $75,000 to Brandi Branson, who… Continue Reading

A lesson from Twitter sex-bias lawsuit: Post those jobs!

Posted in Affirmative Action, Class actions, Discrimination
Should an employer post high-level vacancies? Do Twitter birds fly? Shortly before Ellen Pao lost started a “conversation” about sex discrimination in the tech industry, yet another lawsuit was filed alleging sex discrimination in the tech industry. In the latest one, software engineer Tina Huang has sued Twitter in California on behalf of herself and other female… Continue Reading

Pregnancy accommodation FAQs for employers

Posted in Discrimination, Pregnancy
What do employers need to know about the Supreme Court’s pregnancy accommodation decision last week in Young v. United Parcel Service? For the “somewhat-scholarly” version (also known as the “tl:dr”* version), go here. *”Too long; didn’t read” For the “one minute 14 second” version, go here. But for the “just right” version, stay where you are for some… Continue Reading

EMPLOYMENT LAW BLOG CARNIVAL: April Fools’ Edition

Posted in Americans with Disabilities Act, Discrimination, eLaw, Employment Law Blog Carnival, ERISA, Family and Medical Leave Act, Gender Identity Discrimination, Labor Relations, Lactation, Protected Concerted Activity, Retaliation, Safety, Same-sex marriage, Social media, Wage-Hour
(St. Patrick’s Day is sooooo nine hours ago!) Ever looking to the future, we celebrate the coming April Fools’ Day with this month’s greatest employment law blog posts. Some of my summaries are accurate, and others are “fools’ editions” – you’ll have to read the actual posts to know which is which. There are so many excellent posts… Continue Reading

This ‘n’ that from the world of the workplace

Posted in Discrimination, eLaw, Equal Pay, Non-Competes, Social media, Violence
Religious accommodation, the Oscars, non-competes, social media, Brian Williams versus Bill O’Reilly, workplace violence, and inspirational employees — we have it all today! Here are some links about recent news and court cases involving the workplace, followed by some points for discussion if you’d like to comment. Supreme Court justices seem to side with hijab-wearer against Abercrombie.… Continue Reading

Faruqi sex harassment verdict is in! Marchuk wins, to an extent.

Posted in Defamation, Discrimination, Harassment, Sexual Torts
Law360 reports this afternoon that the jury returned a verdict for Alexandra Marchuk and against defendants Faruqi & Faruqi, LLP, and partner Juan Monteverde. The jury awarded her $90,000 in actual damages, and punitive damages will be determined later. She had asked for $2 million. Ms. Marchuk won on her hostile work environment claim under… Continue Reading

Feb. 3 at Faruqi sex harassment trial: It’s up to the jury now

Posted in Defamation, Discrimination, Evidence, Harassment, Retaliation, Sexual Torts
The sexual harassment case of Alexandra Marchuk v. Faruqi & Faruqi went to the jury late yesterday afternoon. For previous coverage of the trial, go here, here, here, here, here, and here. In closing arguments, the attorney for the defendants called Ms. Marchuk a “wolf” and said she had made up her allegations to get… Continue Reading

Jan. 29 at Faruqi sex harassment trial: Your honor, please reconsider!

Posted in Defamation, Discrimination, Evidence, Harassment, Sexual Torts
As expected, Law360 reports this morning that Plaintiff Alexandra Marchuk has asked Judge Alvin Hellerstein to reconsider his ruling that Nadeem Faruqi and Lubna Faruqi, co-founders of the New York law firm Faruqi & Faruqi, be dismissed from her lawsuit as individual defendants. She also requested reconsideration of the court’s decision granting judgment to the… Continue Reading

Jan. 28 at Faruqi sex harassment trial: The defense rests.

Posted in Defamation, Discrimination, Evidence, Harassment, Retaliation, Sexual Torts
The defense completed its case yesterday at the trial of Alexandra Marchuk’s sexual harassment claims against the New York City law firm of Faruqi & Faruqi and partner Juan Monteverde. Prior coverage of the trial is available here, here, here, and here. Yesterday, Mr. Monteverde testified more about the blood-stained carpet, saying he had not… Continue Reading

Jan. 27 at Faruqi trial: No “spoliation” of blood-stained carpet, judge says

Posted in Discrimination, Evidence, Harassment, Sexual Torts
January 27 at the Marchuk v. Faruqi sexual harassment trial: Judge Alvin Hellerstein has denied Alexandra Marchuk’s request for an adverse inference instruction based on Faruqi’s destruction of the alleged blood-stained carpet in Juan Monteverde’s office. Judge Hellerstein noted that Ms. Marchuk admitted in her trial testimony that she asked Mr. Monteverde to hide the… Continue Reading

Another employer pays for “Sorry, I can’t go”

Posted in Americans with Disabilities Act, Discrimination, Drug Testing, Transportation Industry
Last October, I posted about a consent decree entered into between Wal-Mart and the Equal Employment Opportunity Commission, in which Wal-Mart agreed to pay $72,500 to candidate for a store job in Maryland whose offer was withdrawn because she couldn’t undergo a urine test for drugs. The candidate had end-stage renal disease. Now, Kmart has… Continue Reading