A federal district court in Michigan recently granted summary judgment for the plaintiff, (you read that correctly), ruling that the employer was liable for disability discrimination as a matter of law. (Lafata v. Dearborn Heights Sch. Dist. No.7 (E.D. Mich. 12/11/2013)). A plaintiff hardly ever files for summary judgment in an employment case, let
Employment Discrimination Lawsuit Against Catholic Diocese of Sioux City Tests the Limits of the Ministerial Exception
The CFO of Bishop Heelan Catholic Schools in Sioux City claims he was terminated because he is not Catholic. He recently sued the Diocese, the school, and the Bishop alleging his termination violated the law against discrimination on the basis of religion. Does he have a case?
Courts in the United States have uniformly recognized
Reinstatement of Jury Award After Employer Victory Shows Failure to Mitigate Defense Hard to Prove
The best outcome to a discrimination lawsuit from the employer’s perspective is to win outright—for the judge or jury to find that the employer did not unlawfully discriminate. But, even if you lose, there is a “Plan B” defense—the failure to mitigate damages. An employee who is terminated (or not hired in the first place)
Employee Must Request Extension of Leave to Avoid Application of No-Fault Leave Policy
Fixed or no-fault leave policies were once considered easy way to manage attendance and long term leave of absence issues. Once the employee reaches the maximum number of absences, or is gone the maximum number of weeks on medical leave, the employee is terminated; no questions asked, no exceptions. The benefit of these kinds of
U.S. District Court in Iowa Sanctions EEOC…Again
U.S. District Judge Linda Reade has become the scourge of the EEOC. On August 1 Judge Reade entered an order sanctioning EEOC nearly $4.7 million for attorney’s fees and expenses CRST Van Expedited incurred to defend itself against a largely frivolous complaint alleging that as many as 270 female employees were subject to a pattern and
Video Interview: Discussing Iowa’s Pink Locker Room with LXBN TV
Following up on my recent post on the story, I had the opportunity to speak with Colin O’Keefe of LXBN TV regarding the kerfuffle over the pink locker room at Kinnick Stadium. In the interview, Colin and I discuss some of the serious and not-so-serious issues this story presents.
Should We Take Seriously the Claim that Pink Paint in a Locker Room Is Sex Discrimination?
Last week, the co-founder of a Minnesota based organization called “Gender Justice” accused the Iowa football team of “pink shaming” its opponents and engaging in what she calls “cognitive bias.” Jill Gaulder, who also happens to be a former UI professor, claims the infamous pink visitor’s locker room at Kinnick Stadium is “sexist”, “homophobic”,
Injunction Against HHS Coverage Mandate Raises Question Whether Employers Have Right to Religious Accommodation
Just days before the Health and Human Services contraceptive mandate went into effect, a federal district court in Colorado issued a temporary injunction exempting a Denver based company from its application. (See ruling in Newland v. Sebelius here). The controversial HHS rule requires all employer provided health coverage, with limited exceptions for certain religious organizations, to cover FDA approved contraceptive
Eighth Circuit Finds that Public Employee’s Gender Discrimination Claim Not Subject to Time Limits of Title VII
Crystal Henley enrolled in the Kansas City Police Academy in September 2005. By November 8, she was forced to leave and was not able to complete her training to become a police officer. During her short time at the Academy, Henley claims she was treated more harshly than male trainees, subject to sexual harassment, and
Similarly Situated in All Relevant Aspects
Very seldom is there overt evidence an employer discriminated on the basis of race, sex, disability, etc. Most of the time plaintiff employees have to prove their claim by showing they were treated less favorably than similarly situated employees who were not in the protected class. For example, if there is evidence the employer