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 [...]
Archive for the ‘Employment Law’ Category
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 national security, termination on January 15, 2010 | 2 Comments »
TSA has complete discretion in setting compensation levels for security screeners.
Posted in Employment Law, tagged Aviation & Transportation Security Act, Fair Labor Standards Act 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, [...]
Request for a raise is a compensation decision under the Equal Pay Act and Title VII.
Posted in Civil Rights, Employment Law, tagged Civil Rights, Equal Pay Act, Lilly Ledbetter Act 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 [...]
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 affirmative action, Civil Rights, Equal Protection Clause, racism 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 [...]
Refusing to take a vacation for which the employee has already been paid is a valid reason for firing.
Posted in Employment Law, tagged unemployment benefits on August 26, 2009 | 5 Comments »
David Atson was having financial trouble, and his employer, a heating company, gave him an advance of the money he would receive for his two-week vacation. When it came time for Atson to take his vacation, however, he refused because he did not want to go two weeks without pay. Atson’s employer fired him, and [...]
According to Eighth Circuit, expelling participant in multi-employer employee benefit plan for declining employee participation does not violate ERISA.
Posted in Employment Law, tagged adverse selection rule, ERISA on August 21, 2009 | 1 Comment »
Borntrager v. Central States Southeast & Southwest Areas Pension Fund, Nos. 08-2008/08-2744. CRST Flatbed, Inc., CRST Van Expedited, Inc., and six current and former employees of these companies (collectively “CRST”) brought suit against Central States Southeast Areas Pension Fund (“Central States”), a multi-employer employee benefit plan. CRST alleged that Central States wrongfully expelled them from [...]
Employer not responsible for employee’s accidental shooting of customer while brandishing a gun.
Posted in Employment Law, Torts, tagged employment services, job duties on April 27, 2009 | 1 Comment »
A Texas gas station was sued after its employee, Patrick Chang, accidentally shot a customer, Gary Williams. Another customer asked Chang if the store sold bullets. Chang responded by retrieving his personal guns to show them to the customer. He began playing with the gun, drawing it as if he were in a Hollywood Western, [...]
Eighth Circuit holds that employer is not required to accommodate an employee with cancer during her treatment and recovery period.
Posted in Civil Rights, Employment Law, tagged Americans with Disabilities Act, reasonable accommodation on April 16, 2009 | 2 Comments »
Peyton v. Fred’s Stores of Arkansas, No. 08-2346. After attending a three-week management training course, plaintiff assumed her position as the store manager of Fred’s in Heber Springs, Arkansas, on January 6, 2006. After working at the store for two days, plaintiff experienced pain in her abdomen, consulted her physician, and learned she had ovarian [...]
First Circuit allows sex-based discrimination case for mother of four who did not receive promotion.
Posted in Civil Rights, Employment Law, tagged Civil Rights, gender discrimination on March 30, 2009 | Leave a Comment »
Laurie Chadwick, mother of an eleven-year-old son and six-year-old triplets, was denied a promotion by Wellpoint, Inc. In denying the promotion, Chadwick’s supervisor explained as follows: It was nothing you did or didn’t do. It was just that you’re going to school (one class per semester), you have the kids, and you just have a [...]
California’s controversial furloughs are headed to court again.
Posted in Constitutional Law, Employment Law on February 11, 2009 | Leave a Comment »
To address California’s multimillion dollar budget deficit, Governor Schwarzenegger ordered that many state employees take unpaid leave for two days each month. Many people have protested the executive order including State Controller John Chiang. California state courts have upheld Governor Schwarzenegger’s authority to require furloughs in multiple cases filed by different state agencies. Governor Schwarzenegger [...]
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