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Walmart’s ‘failures and refusal’ to prevent COVID-19 exposure caused employee’s illness, lawsuit says

June 17th, 2020

By Wayne D. Garris Jr., J.D.
The former part-time employee seeks over $1,000,000 for medical bills, pain and suffering, and lost wages.
On June 11, a 72-year old part-time Walmart employee sued the retail giant in a Texas state court alleging that she became infected with the coronavirus due to her employer’s failure to [Read more...]

Reciting facts about past communication attempts with union didn’t trigger Weingarten rights

June 16th, 2020

By Ronald Miller, J.D.
To invoke the Weingarten right, an employee’s utterance must be “reasonably calculated” to put the employer “on notice of the employee’s desire for union representation.”
Finding that an employee did not make an affirmative request for union representation prior to an investigatory interview, the D.C. Circuit concluded that the [Read more...]

New York City EMTs, paramedics say they were fired for talking to media about COVID-19 dangers

June 16th, 2020

By Wayne D. Garris Jr., J.D.
The four plaintiffs were featured in their union’s media campaign to highlight the dangers that New York City EMTs and paramedics faced due to COVID-19.
On June 10, an EMT and three paramedics filed suit against the City of New York, alleging that they were disciplined [Read more...]

Comments, teasing about security officer’s ‘large breasts’ not based on sex

June 16th, 2020

By Kathleen Kapusta, J.D.
Under controlling case law, said the court, the fact that the employee was harassed about her breast size was not enough to show the harassment was “based on sex.”
A security officer for a regional water and sewer department, who alleged her supervisor referred to her as “the [Read more...]

Updated EEOC COVID-19 Q&As talk harassment, age, disability, pregnancy, and sex discrimination

June 15th, 2020

By Pamela Wolf, J.D.
Among other things, the EEOC Q&As remind employers that they cannot involuntarilyexclude employees over age 65 or those who are pregnant from the workplace during the pandemic, even for benevolent reasons.
On June 11, the EEOC posted new updates to its expanded technical assistance publication addressing COVID-19-related questions and answers [Read more...]