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Pregnancy discrimination verdict stands, but back pay award vacated under after-acquired evidence doctrine; IRS determination on independent contractor status would have led to lawful termination

March 21st, 2011

A jury verdict finding that a county sheriff discriminated against a female technician based on her pregnancy when she was transferred and later terminated was sufficiently supported by evidence at trial, ruled a federal district court in Florida (Holland v Gee, March 17, 2011, Covington, B). However, because the employee could have been discharged the [Read more...]

With case law favoring employees and looser standards to meet, is retaliation really worth the risk?

March 21st, 2011

As a matter of common sense, retaliating against employees for engaging in protected activity is pretty risky business. Yet, EEOC regional attorney John Hendrickson wonders whether legal counsel have neglected to tell employers just how dangerous retaliation is — and it’s so easy to avoid, he chides.
Speaking to attendees at the Chicago Bar Association’s annual [Read more...]

Jury wrongly instructed on FMLA claim of worker with multiple chemical sensitivity; trial court’s error in adopting reasonable cause requirement not harmless

March 18th, 2011

A federal district court improperly instructed a jury on a former city employee’s FMLA interference claim by improperly placing the burden on her to prove that she was denied reinstatement without cause, held the Ninth Circuit (Sanders v City of Newport, March 17, 2011, Paez, R). Because it concluded that the error was not harmless, [Read more...]

Recognition based on personal performance is key to capturing employee commitment, study finds

March 18th, 2011

Personalized recognition based on personal performance, innovation and mastery of skill are key to capturing the intellectual and emotional commitment of employees, according to a new study by the Incentive Research Foundation (IRF). The study finds today’s highly educated work force responds to more tailored, non-cash incentive plans that celebrate creativity and promote best practices. [Read more...]

EEOC panelists discuss myths, stereotypes about mental disabilities that pose greatest barrier to employment

March 17th, 2011

Employers’ myths and fears about the conditions of persons with intellectual and psychiatric disabilities are the greatest barriers to the employment of such individuals, according to testimony offered at the U.S. Equal Employment Opportunity Commission (EEOC) meeting held on March 15, 2011. The rate of unemployment and underemployment of persons with intellectual and psychiatric disabilities [Read more...]