Thursday May 9, 2024

Court: This common pay practice equals discrimination

One of the most common pay-determining techniques could now put your company in legal danger. The 9th U.S. Circuit Court of Appeals just unanimously ruled that pay differences based on prior salaries are inherently discriminatory under the Equal Pay Act because those past salaries stemmed from gender bias. The ruling was handed down in Rizo […]

7 out of 10 workers can relate to this viral story about a stolen lunch

A recent tweet about a worker’s lunch going missing and security footage being viewed to find the culprit went viral after employees everywhere related to the common office crime.  Last week, Zak Toscani shared this saga on Twitter: A co-worker’s lunch was stolen, and HR and the victim viewed the security camera tape to find […]

Supreme Court declines ADA leave case: Why that’s not a bad thing

So the Supreme Court decided not to tackle whether extended leave is a reasonable ADA accommodation. But that could be more good news than bad for employers. The Supreme Court has declined to review an appeals court ruling in Severson v. Heartland Woodcraft, Inc. In that case, the 7th Circuit Court ruled that “a multimonth […]

NFL cheerleader rulebook sounds sexist … but is it illegal?

While it may come as no surprise the NFL has strict rules about cheerleaders’ appearance and conduct, the league might be in trouble for not imposing similar rules on their players. Bailey Davis, a cheerleader for the New Orleans Saints, was recently fired for posting a photo of herself in a revealing outfit on Instagram. […]

FMLA lawsuit: Was surveillance justified or payback for smut-watching complaint?

Just because the FMLA gives employers the ability to initiate surveillance on employees they suspect of abusing their leave, it doesn’t mean you should take such a drastic step. In fact, as a recent FMLA lawsuit shows, doing so can come back to haunt employers. In Walker v. City of Pocatello, employee Johnie Walker (yes, […]

Was an employee fired for being rude … or French?

If an employee is “aggressive, rude and disrespectful,” you have a pretty good reason to fire them, right? But what if that behavior is cultural, and they claim discrimination? That’s exactly what happened at a Canadian restaurant. A French waiter, Guillaume Rey, filed a complaint with British Columbia’s Human Rights Tribunal, saying his employer discriminated […]