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Archive for the ‘Employment Law’ Category

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 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 [...]

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Missouri Court of Appeals upholds firings of officers for failure to take bleeding, pregnant woman to the hospital.

Posted in Employment Law, tagged on July 16, 2010 | Leave a Comment »

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 [...]

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The Court of Federal Claims upholds discharge of service member for obesity resulting from compulsive overeating.

Posted in Disability Law, Employment Law, tagged , 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% [...]

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Arkansas Supreme Court explains an affirmative defense under the Arkansas Whistle-Blower Act.

Posted in Employment Law, tagged , 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 [...]

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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 , , , 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 [...]

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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 , , , 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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Third Circuit rules that fired Muslim scientist is not entitled to a hearing to contest being terminated.

Posted in Administrative Law, Civil Rights, Constitutional Law, Employment Law, tagged , on January 15, 2010 | 1 Comment »

Dr. Abdel Moniem Ali El-Ganayni, an Egyptian native, has lived in the United States since the 1980s and worked as a nuclear physicist for Bettis Laboratory. In 2007, El-Ganayni passed out copies of a Muslim religious tract called "The Miracle in the Ant" at a prison. He was grilled by the Bettis Laboratory security manager [...]

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TSA has complete discretion in setting compensation levels for security screeners.

Posted in Employment Law, tagged , on September 23, 2009 | 2 Comments »

Security screeners for the Transportation Security Administration (“TSA”) are paid by the hour and receive a premium rate for working undesirable night shifts. TSA pays them one-and-half times their base pay for overtime hours, regardless of whether they worked regular or premium shifts. Security screeners filed suit against TSA in the Court of Federal Claims, [...]

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Request for a raise is a compensation decision under the Equal Pay Act and Title VII.

Posted in Civil Rights, Employment Law, tagged , , on September 16, 2009 | 8 Comments »

According to Mary Lou Mikula, Allegheny County, Pennsylvania, paid her $7,000 less than a male counterpart. After an investigation, the county determined in 2006 that her claims were unfounded and that her “current title and rate of pay are fair when compared with similar jobs.” Mikula disagreed and sued the county under the Equal Pay [...]

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Eighth Circuit joins other circuits in holding that an adverse employment action, taken under an affirmative action plan, may constitute direct evidence of unlawful discrimination.

Posted in Civil Rights, Constitutional Law, Employment Law, tagged , , , on September 4, 2009 | 7 Comments »

Humphries v. Pulaski County Special School District, Nos. 08-2458/2594. Background Information Since 1982, the Pulaski County Special School District (the “District”) has been involved in desegregation litigation in federal court.  In 1990, the District reached a settlement agreement, and the Office of Desegregation Management (“ODM”) was created to assist the trial court in supervising the [...]

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