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Sexual comments, but not sex on desk, revive discrimination claim

July 25th, 2014

By Kathleen Kapusta, J.D.
Though the regular use of a substance abuse counselor’s desk for sex by night-shift employees at a maximum security prison in Indiana was egregious, subjectively offensive, and severe, it did not support her hostile work environment claim where there was no evidence that the harassment was caused by her gender, a Seventh [Read more...]

Investigation, threat of discipline for filing false EEOC report not retaliation

July 25th, 2014

By Brandi O. Brown, J.D.
Affirming summary judgment in favor of a county sheriff’s department on the retaliation claims of several white officers who complained to the EEOC of racial harassment, the Second Circuit found that, on the facts of this case, which “may be a tad unusual,” the decision was proper. Though the officers filed [Read more...]

Entry-level accountants were overtime-exempt learned professionals

July 24th, 2014

By Ronald Miller, J.D.
Entry-level accountants at a major accounting firm were learned professionals exempt from the FLSA’s overtime provisions, ruled the Second Circuit. Noting that the employees received substantial, specialized education as accountants, were designated as accountants by their employer, performed entry‐level accounting tasks, and were automatically promoted to a more senior accounting position after [Read more...]

Discrimination class action doomed; no showing that components of selection process could not be separated

July 24th, 2014

By Marjorie Johnson, J.D.
The Supreme Court of Iowa affirmed judgment against a class of African-American employees and applicants who brought Title VII and state-law claims asserting that Iowa’s merit-based hiring system for its executive branch had an unlawful disparate impact. The state’s high court agreed that the class failed to challenge any particular hiring or [Read more...]

Separation from — or firing — harasser not reasonable accommodation for anxiety

July 23rd, 2014

By Lorene D. Park, J.D.
The harassment-triggered anxiety of an employee was a “disability” under a post-ADAAA analysis (but not as to pre-ADAAA events), ruled a federal district court in New York. However, summary judgment was granted on his non-accommodation claim because the employer’s attempts to separate the employee from his foreman did not work, and [Read more...]