This is the time of year for reflection–when we look back on what happened during the past year,
and look ahead to the coming year. There are many commentaries and opinions on what was good and bad about 2009, but there is no doubt it was an eventful year for those of us in the labor and employment law
Title VII
Are Employee Religious Freedoms in Jeopardy?
There is an interesting op-ed in today’s Des Moines Register concerning religious discrimination in the workplace. The author, Lake Lambert III, is a professor of Religion at Wartburg College in Waverly. He contends employees are subject to religious tyranny because Title VII does not give enough protection to employees’ ability to practice their religion at work. …
Weekly Web Roundup, October 30, 2009
The EEOC has revised its "Equal Employment Opportunity is the Law" poster. The poster was revised to reflect new federal employment laws, including the ADA Amendments, and the Genetic Non Discrimination in Employment Act ("GINA"). Employers can either obtain a new poster, or a supplement their existing poster. The new posting is mandatory effective November 21…
It’s Official: Retaliation Claims Increase
EEOC statistics for the year ended September 30, 2008, the most recent data that is available, show that charges of retaliation increased by 23% compared to the prior year. In addition, more than 1/3 of the charges filed with the Agency allege retaliation as one of the claims. According to this article in The Wall…
How to Avoid Liability for Discrimination
A recent decision from the Eighth Circuit provides good training material about what "not to do" if you want to your company to avoid being liable for discrimination, and possibly punitive damages.
The EEOC filed suit against Siouxland Oral and Maxillofacial Surgery Associates, a medical clinic in Sioux Falls South Dakota. The complaint alleged that Siouxland terminated…
Eighth Circuit Issues Important Ruling on Affirmative Action
In a ruling issued September 3, 2009, the U.S. Court of Appeals for the Eighth Circuit held that an employer that follows an affirmative action plan in making an employment decision can be guilty of unlawful race discrimination. The Court’s decision in Humphries v. Pulaski County Special School District is the first in the Eighth Circuit to address…
Iowa Supreme Court Issues Important Ruling on Pregnancy Discrimination
Last week the Iowa Supreme Court issued a ruling in a pregnancy discrimination case that decided three issues significant to employers and employment litigators.
The first issue in DeBoom v. Raining Rose, Inc. involved whether an employee must actually be pregnant at the time of a termination to be protected by the Iowa Civil Rights Act’s…
Religious Discrimination vs. Free Speech
Late August means it’s time for the Iowa State Fair, one of the Top 100 Events in North America, home of corn dogs, the butter cow, and over one million visitors. One of the interesting side-shows at this year’s fair involved the Des Moines Regional Transit Authority (DART), an atheist
organization, and a Christian bus driver. …
Update: Religious Discrimination
Two recent cases out of the U.S. Court of Appeals for the Eighth Circuit (which includes Iowa, Nebraska, Minnesota, Missouri, Arkansas, and North and South Dakota) serve as important reminders that employers should be alert to potential claims of religious discrimination and religion based harassment occurring in their work places:
- On July 31, the EEOC
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Mid-Summer Employment Law Update
Between a busy trial schedule and the other distractions of summer, we have been a little
delinquent in keeping you up to date during the past couple of weeks. We apologize for the inactivity on the blog, as there have been many developments in the employment law world since our last posting at the end…