Gregory Lowrey, owner of the Happy Valley Tattoo parlor, challenged the Utah Department of Workforce Services Appeals Board’s decision that the wages of a former employee, Jacklyn Johnson, were subject to unemployment insurance. Lowry argued that the business was part of his church, UBU Ministries, which includes tattooing among its religious tenets. On appeal to [...]
Archive for the ‘Employment Law’ Category
Utah Court of Appeals holds that “religious” tattoo parlor not exempt from paying unemployment insurance.
Posted in Employment Law, First Amendment, tagged unemployment benefits on August 12, 2011 | Leave a Comment »
Seventh Circuit agrees that employee cannot sue for religious discrimination after she was fired for telling a lesbian co-worker that she would go to hell.
Posted in Civil Rights, Employment Law, First Amendment, tagged religious discrimination on April 8, 2011 | Leave a Comment »
In September 2005, Tanisha Matthews, an overnight stocker at Wal-Mart for nine years, became involved in an impassioned discussion about God and homosexuality with a lesbian co-worker named Amy during a break. When Wal-Mart officials investigated the incident, they learned that Matthews screamed at Amy that God does not accept gays, that gays should not [...]
Minnesota Court of Appeals upholds denial of unemployment benefits even through employer had no policy prohibiting viewing of pornography at work.
Posted in Employment Law, tagged pornography, unemployment benefits on November 4, 2010 | 1 Comment »
Prior to his termination in 2009, Blayne Brisson worked for the city of Hewitt for seven years as a utility maintenance supervisor. He was fired, in part, for looking at pornography on his work computer after an investigator found more than 150 such images on his computer. Brisson was denied unemployment benefits and appealed the [...]
Seventh Circuit states that Rastafarian must have expressly informed potential employer of the religious significance of dreadlock hairstyle to maintain discrimination claims.
Posted in Employment Law, tagged religious discrimination on September 1, 2010 | Leave a Comment »
Clarence McCuller, a manager for Wackenhut Corporation, interviewed Lord Osunfarian Xodus for a security guard position. During the interview, McCuller informed Xodus that he would need to cut his dreadlocks off in order to obtain the position. Xodus, a Rastafarian, refused and sued for discrimination based on religious belief. He claimed that McCuller knew of [...]
New York appeals court refuses to fire teacher for sending romantic e-mails to a 15-year-old student.
Posted in Education Law, Employment Law, tagged student-teacher relationships on July 19, 2010 | Leave a Comment »
M.S. was a 15-year-old male student in 36-year-old Colleen McGraham’s English class. He was also involved in the poetry club and theater group, for which McGraham was an advisor. She loaned him books such as "Catcher in the Rye" and "Fahrenheit 451," but also let him borrow "Harold and Maude," a 1972 movie about a [...]
Missouri Court of Appeals upholds firings of officers for failure to take bleeding, pregnant woman to the hospital.
Posted in Employment Law, tagged police misconduct on July 16, 2010 | 2 Comments »
Kansas City police officers, Melody Spencer and Kevin Schnell, arrested Sophia Salva on suspicion of using a fake temporary license tag on her car. Salva complained several times during the arrest that she was three months pregnant, bleeding, and needed to see a doctor. The officers disagreed. Spencer said Salva was merely having her period [...]
The Court of Federal Claims upholds discharge of service member for obesity resulting from compulsive overeating.
Posted in Disability Law, Employment Law, tagged employment discrimination, Military Pay Act on June 9, 2010 | Leave a Comment »
In September 2005, James Chapman was honorably discharged from the Coast Guard for failing to “maintain reasonable and consistent progress” during his probationary weight-loss period. He weighed around 250 pounds and had 32% body fat at the time he was discharged. In April, he had been given six months to shed 70 pounds and 8% [...]
Arkansas Supreme Court explains an affirmative defense under the Arkansas Whistle-Blower Act.
Posted in Employment Law, tagged affirmative defense, Whistle-Blower Act on February 24, 2010 | 1 Comment »
Barrows v. City of Fort Smith, Arkansas, No. 09-756. Facts In June 1992, Jeffrey Barrows was hired as an officer with the Fort Smith Police Department. During his employment with the department, he rose from the rank of patrolman to major. At the time of his termination on October 17, 2007, Barrows was in charge [...]
Eleventh Circuit holds that pervasive use of gender-specific vulgarities can create a hostile workplace for women, even if they are not directed at a specific female employee.
Posted in Civil Rights, Employment Law, tagged Civil Rights, employment discrimination, sex discrimination, Title VII on January 22, 2010 | 5 Comments »
After working as a sales representative for three years at C.H. Robinson Worldwide, Ingrid Reeves sued the company for allegedly subjecting her to a hostile work environment in violation of Title VII. Reeves alleged she was subjected daily to gender-specific vulgarities (“bitch,” “fucking bitch,” “fucking whore,” “crack whore,” and “cunt”) from her male co-workers. She [...]
Eighth Circuit joins other circuits in requiring sex stereotyping plaintiff to show she was treated differently–not the relative treatment of different groups within the workplace.
Posted in Civil Rights, Employment Law, tagged Civil Rights, employment discrimination, sex discrimination, Title VII on January 21, 2010 | 1 Comment »
Breanna Lewis v. Heartland Inns of America, L.L.C., No. 08-3860. Facts Heartland Inns of America, L.L.C. (“Heartland Inns”), operates a group of hotels in Iowa. In July 2005, Breanna Lewis began working for Heartland Inns. Over the next year and a half, Lewis successfully filled several positions related to guest services. Lewis received multiple commendations [...]
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Recent Posts
- Seventh Circuit holds that indigent plaintiff’s lawsuit should not have been dismissed solely because he was unable to pay a court-imposed sanction.
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