We routinely receive calls from employers who want to terminate an employee (or have been sued for doing so) but do not have a good paper trail to support their decision. Usually, we hear that the supervisor has talked to the employee repeatedly about performance or tardiness or other problems and is “done” with the
Just What Does A Racially Hostile Environment Look Like? The Eleventh Circuit Provides Some Guidance
What constitutes a racially hostile work environment? Is one really bad comment specifically aimed at the plaintiff sufficient or do you need a sustained series of racial comments? What if you have both but no evidence that it affects the person’s work performance? In Brenda Smelter v. Southern Home Care Services, Inc., d.b.a. Rescare Homecare
Tender Me This: Sixth Circuit Holds Employees Don’t Have to Give Severance Money Back before Filing Title VII or EPA Lawsuit
In a decision that could have employers rethinking how they offer employees a severance agreement, in McClellan v. Midwest Machining, Inc. the Sixth Circuit held that former employees seeking to void severance agreements do not have to give the severance pay back before filing suit under Title VII or the Equal Pay Act.
Factual Summary
Winning Harassment Claims in the #MeToo Era
In this #MeToo era, employers are, understandably, a little sensitive when someone raises a claim of harassment. Even with the heightened sense of peril, companies should remember that if they are doing the right thing—having effective policies in place and handling complaints appropriately—they can still prevail. A recent decision, Peebles v. Greene County Hospital Board
Voluntarily Sharing Family’s Cancer History Bars GINA Claims, Court Holds
GINA—that elusive law about employers collecting genetic information that rarely comes up. What if an employee voluntarily shares his genetic history—can he turn around and claim his employer improperly acquired the genetic information? Fortunately, in Williams v. Graphic Packaging International, Inc., the U.S. District Court for the Middle District of Tennessee, provides some guidance
The More You Know…Or Others Think You Know: Fifth Circuit Finds Decision-maker Had Knowledge to Constitute Retaliation
The Fifth Circuit has issued another opinion in the continuing saga of Jackson State University and its past athletic director, Dr. Vivian Fuller—this one about retaliation against a witness. To refresh everyone’s memory: A secretary at JSU filed an EEOC charge claiming that AD Fuller sexually harassed her and then fired her. During its investigation,
DOH! Nuclear Safety Regs Trump ADA Accommodation Request (Thankfully)
In a battle between a mentally ill employee seeking accommodation for his job at a nuclear plant and federal nuclear safety codes—-which wins out? The Third Circuit Court of Appeals ended up going with safety codes.
Looking Out for an Erratic Employee
Mr. Daryle McNelis was an armed security guard at Pennsylvania Power and Light’s
Avoiding Diversion: New Tennessee Law Imposes Potential Obligations on Employers When Healthcare Providers Fail Drug Tests
Tennessee lawmakers are cracking down on nurses and other healthcare providers (HCPs) diverting medications for personal use. A law going into effect on July 1, 2017, (yes—next week) puts an obligation on employers of HCPs and substance abuse treatment programs to report failed drug tests under certain circumstances to the state so drug-diverting HCPs have
Spouse Swapping Not Cool for Police Officers, Says the Fifth Circuit
Just how much can you regulate a public employee’s off-duty conduct? In an interesting and rather frank opinion, the Fifth Circuit found a sheriff’s department could regulate deputies’ private conduct pretty broadly. In Brandon Coker and Michael Golden v. Julian Whittington and Charles Owens, two Louisiana sheriff’s deputies (Coker and Golden) were terminated
With N Word, Once is Enough. Second Circuit Rules on Hostile Environment Case
Is a single incident enough for a hostile work environment claim? It is in the Second Circuit. In Daniel v. T&M Protection Resources, Inc., the court held that one racial epithet was sufficiently severe, by itself, to create a hostile work environment under Title VII.
The Facts
Otis Daniel, a 34-year-old black male