Under the theory of “disparate impact,” even facially neutral policies can result in claims of discrimination when a “protected group” suffers a statistical disadvantage vis a vis another group (i.e., the rule of thumb is a twenty-percent disadvantage). For example,
The EPL Advisor
The EPL Advisor, published by Jackson Lewis P.C., focuses on employment practices liability and workplace law issues. It covers topics such as discrimination claims, accommodation requirements under the ADA, wage and hour compliance, workplace safety, and evolving legal standards related to COVID-19. The blog also addresses regulatory updates from agencies like the EEOC, litigation trends, and practical guidance for employers on managing employee relations, compliance with labor laws, and handling workplace investigations. It provides insights into multi-state and industry-specific employment law challenges, including leave management, religious accommodations, and privacy concerns in the workplace.
Latest from The EPL Advisor - Page 9
An Employee’s Workplace Asthma Attack May Trigger FMLA Protections
Many times, timing is everything (or nearly so). For example, in Dighello v. Thurston Foods, Inc. (and unlike the Eleventh Circuit’s ruling in Bailey v. Oakwood Healthcare, Inc., about which we recently wrote), the trial court held that a plaintiff…
Employer’s FMLA Policy and Legitimate Business Reason Lead to Early Dismissal of Employee’s Claim
In Everson v. SCI Tennessee Funeral Services, LLC., the federal court granted summary judgment dismissing Plaintiff’s FMLA claims because the worker failed to follow Defendant’s FMLA notice requirements when requesting leave. As discussed below, Plaintiff’s ADA claim also was dismissed.…
“Unfortunate” and “Clumsy” Termination Does Not Equal Discrimination
In Bailey v. Oakwood Healthcare, Inc., No. 17-2158 (April 23, 2018), the 11th Circuit found that an employer’s decision to terminate an employee on the day she returned from maternity leave was not discriminatory because during her leave, the employer…
Class Action Waivers in Employment Arbitration Agreements Do Not Violate Federal Labor Law
After years of litigation across the country and sharply divided rulings among the Circuits (some damning class/collective action waivers and others enforcing them), and over seven months after oral argument, the United States Supreme Court upheld the enforceability of arbitration…
Internal Investigation Report Prepared by Outside Counsel Entitled to Work Product Protection
In Lassiter v. Hidalgo Medical Services, No. 17-00850 (D. N.M. Apr. 18, 2018), a former employee sought to compel production of outside counsel’s reports and findings of an internal investigation into harassment claims. The discovery demand was denied, in this…
Reminder To Employers: Even The “New” NLRB Will Not Bail You Out If You Terminate An Employee (Union or Non-Union) Who Discusses Or Complains About Terms And Conditions Of Employment
On Friday, May 4, 2018, the National Labor Relations Board ruled that a janitorial services company violated the National Labor Relations Act when it terminated an employee who pursued wage theft claims and discussed the company’s poor working conditions with…
New York Court of Appeals Says Plaintiff’s Private Facebook Materials Are Fair Game In Discovery
For employers defending discrimination claims in which the plaintiff claims emotional distress, social media accounts are potential treasure troves of evidence of claimant’s feelings, thoughts, and mental impressions. In Forman v. Henkin, New York State’s highest court held that the…
Two States Go Against the Grain By Prohibiting Salary History Bans
By now, employers generally are aware that a growing number of states and municipalities are passing bans prohibiting pre-employment inquiries into an applicant’s salary history. This trend is part of a growing effort in the United States to reduce the…
Employee Complaints Of Pay Inequity Can Trigger Protected Activity Even With No Mention Of “Sex Discrimination”
In Mumm v. Charter Township of Superior, the United States Court of Appeals for the Sixth Circuit held that Plaintiff is entitled to a trial where her employer began the termination process on the same day she threatened suit over…