In EEOC v. Day & Zimmermann NPS, Inc., a federal court in Connecticut found that an employer that sent a letter to employees informing them they might be contacted by the Equal Employment Opportunity Commission (“EEOC”) may be liable for unlawful retaliation.  This unlikely scenario came about after the EEOC requested the last known telephone numbers and addresses of employees who may have information relevant to a former employee’s charge of disability discrimination.  After providing…

On May 4, 2017, the U.S. Court of Appeals for the Seventh Circuit in Brown v. Milwaukee Board of School Directors affirmed the summary judgment dismissal of a former employee’s disability discrimination claim under the ADA.   While the employer consistently sought to find reasonable accommodations, plaintiff failed to engage in the interactive process because neither she nor her doctor clarified the extent of her restrictions despite the board’s multiple written requests.    Employers who engage in…

On June 9, 2017, the U.S. Court of Appeals for the DC Circuit unanimously upheld the NLRB’s pro employee approach in King Soopers Inc. v. NLRB.   As previously reported, the NLRB revised its back pay calculation formula to allow employees full recovery for all reasonable interim employment and search-for-work expenses.  …

A jury in California awarded $22.4 million in punitive damages to a former sales manager of Cardiovascular Systems, Inc., a medical device company, based on a finding that his employer retaliated against him under both the California Fair Employment & Housing Act (California Government Code § 12940(h)) and the California Whistleblower Act (California Labor Code § 1102.5(b)) for making complaints regarding alleged discrimination against female employees as well as various unethical medical sales practices.  The…

In Catalina v. Moniz, the United States District Court for the District of New Mexico dismissed Equal Pay Act and Title VII pay discrimination claims brought against the U.S. Department of Energy (DOE).  Although Plaintiff raised a question of fact regarding whether she performed “substantially equal work” as a male coworker, the employer presented evidence that the pay difference resulted from the male employee’s greater prior experience and educational background in science.  Specifically, the male…

Too often weak claims of employment discrimination gain strength when employers fail to properly document and support with documentation the legitimate, non-discriminatory reasons for an employee’s termination.  While the burden of proof never leaves the claimant, and there is no explicit legal obligation to document the basis for personnel decisions, jurors may develop a negative perception from the lack of effective management.  A recent decision by the United States Court of Appeals for the Tenth…