One of the first employment lawsuits related to COVID-19 was filed in Iowa last week. A former Dallas County Jail employee alleges he was fired because he called a Department of Corrections “hotline” to report concerns about working with a colleague infected with the virus. Jail employees were informed one of their co-employees tested positive
Iowa
New Jersey Court Rules Employee Fired for Using Medical Marijuana May Sue for Disability Discrimination; What Does this Mean for Iowa Employers?
Iowa employers should pay attention to a recent ruling from a New Jersey Appellate Court , Wild v. Carriage Funeral Holdings, Inc. 3/27/2019. The Wild opinion is the most recent case addressing the rights of employees who use medical marijuana. Although the Court was addressing the question under New Jersey law, an Iowa court…
Iowa Legislature Toughens Drug Testing Law, But Legal Risks for Employers Remain
In the last two sessions, the Iowa legislature has amended Iowa’s private sector drug testing law to give employers additional tools to combat employee substance abuse. In last year’s session, the legislature amended the law to allow employers to use hair follicle testing for pre-employment drug screens. Prior to the amendment, the law allowed only testing using urine, blood, or oral fluid.
In the 2018 session, the legislature again amended the law to lower the threshold at which an employer may take action based upon an employee’s positive alcohol test. Effective July 1, an employer may take action if the employee has a blood alcohol concentration of at least .02% . The existing standard is .04%.Continue Reading Iowa Legislature Toughens Drug Testing Law, But Legal Risks for Employers Remain
Have Big Jury Verdicts in Discrimination Cases Suddenly Become the New Normal in Iowa?
It’s been a difficult three months for central Iowa employers. May, June, and July each saw a million dollar plus plaintiff verdict in an employment discrimination lawsuit. One such verdict in these parts is notable, but three in three months is unheard of until now. Back in January, we noticed juries in other parts…
Why the Legislature Was Right to Limit Public Sector Collective Bargaining
The 2017 Iowa legislative session has been one of the more rancorous in recent memory, driven in large part by proposed amendments to the public sector collective bargaining law. Following all-night debates and massive protests by union supporters, the house and senate both voted on February 16 to make the most sweeping changes in…
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”, …
Implicit Bias, Disparate Impact, and Class Actions: Iowa District Court Rules in Favor of the State, but Employers Should Remain Wary.
Earlier this week Iowa District Court Judge Robert Blink granted judgment for the State of Iowa in a high profile class action race discrimination lawsuit. (Pippen v. State of Iowa, link here). The plaintiffs alleged that 37 departments in the State’s executive branch maintained hiring and promotion practices that had an adverse …
Wal-Mart v. Dukes May Bar Class Action Race Discrimination Suit Against the State of Iowa
Wal-Mart v. Dukes, decided by the U.S. Supreme Court in June, could derail a class action race discrimination case against the State of Iowa that has been pending since 2007 (See our posts here and here on the Wal-Mart case). The Iowa case involves 32 named plaintiffs who claim the State maintained hiring …
Iowa WARN Act Passes Iowa House
On January 27, the Iowa House passed HF 681, known as the "Iowa Worker Adjustment Retraining and Notification Act".
There is already a Federal WARN Act, which requires most employers with 100 or more employees to provide at least 60 days notice to their employees of a mass layoff or plant shutdown. Failure to file…
Iowa Civil Rights Commission Issues 2009 Annual Report
On October 30, the Iowa Civil Rights Commission (ICRC) issued its annual report for 2009. Once again this year, complaints of employment discrimination constituted the vast majority (85%) of the charges. The non-employment charges (in the areas of credit, education, housing, and public accommodations) make up the remaining 15% of the charges.
The…