Fair Employment Practices Guidelines articles from January 1 2007

Fair Employment Practices Guidelines archives from January 1 2007

Employee was terminated for sending pornographic e-mails, not because of his MS.
January 1, 2007... Where the employer placed an employee on notice of its computer, e-mail, and harassment policies; where the company terminated the plaintiff after determining that he violated these policies; and where the company further terminated a...

Company can reinstate employee, then immediately fire him.
January 1, 2007... Faced with what the court itself called a "novel issue," the Third Circuit decided that an employer could pay an employee back wages in lieu of reinstatement and immediately terminate him on other grounds (United Food & Commercial Workers...

OK to terminate employee for failing to provide medical certification under FMLA.
January 1, 2007... An employer did not violate the FMLA regulation giving an employee 15 days to submit medical certification for leave where it suspended her on May 10 and then fired her on May 13, because the company had previously issued her several warnings...

Ask the expert: Q&A.(Americans with Disabilities Act of 1990)
January 1, 2007... Address questions to Gerard P. Panaro, at Howe & Hutton, Ltd., 1901 Pennsylvania Avenue NW, Washington, DC 20006, tel. 202-861-1314, or e-mail at gpp@howehutton.com. Q The meetings manager came to me recently with this situation. She has...

Case of first impression: failure to prevent retaliation violates FEHA.(Fair Employment and Housing Act)(Brief article)
January 1, 2007... An engineer sued the city water and power department and his supervisor individually for retaliation because he opposed race discrimination against a subordinate and for failure to prevent retaliation in violation of the Fair Employment and...

Employee fired within two hours of filing charge is victim of retaliation.(Florida)
January 1, 2007... The plaintiff filed a sexual harassment charge with the Florida Commission on Human Relations (Hinton v. Supervision International, Inc., 2006 WL 3452403 (Fla. App. 5 Dist.)). The charge was faxed to the company at 3:00 P.M. At 4:20 P.M., the...

Employer didn't regard employee as disabled; she couldn't perform essential job function.(Kentucky)
January 1, 2007... The plaintiff was a custodian and had an accident that made her eyes sensitive to chemical fumes (Kegley v. Morehead State University, 2006 WL 3456632 (Ky. App.)). On two occasions, she refused to use bleach to clean showers, whereupon she...

Employer sues to enforce noncompete agreement; employee sues it for sexual harassment (but loses).(Louisiana)
January 1, 2007... A collection agency sued a former employee to enforce a noncompete agreement (Newton & Associates, Inc. v. Gross, 2006 WL 3420614 (La. App. 5 Cir.)). She counter-sued for sexual harassment. Although the trial court ruled in favor of the...

Case of first impression: individual may be liable under state statute.(Missouri)
January 1, 2007... A baseball coach who was reduced to part-time coaching sued the university, athletic director, and vice chancellor for administrative affairs, alleging age discrimination and retaliation in employment (Brady v. Curators of University of...

Plaintiff fired for taking other salespeople's clients, not in retaliation for sexual harassment complaint.(Utah)
January 1, 2007... The plaintiff sued for retaliation under the Utah Antidiscrimination Act (Carter v. Labor Com'n Appeals Bd., 2006 WL 3437547 (Utah App.)). The Court of Appeals of Utah affirmed dismissal of the complaint. The plaintiff was a sales rep. She...