I’ve written previously, here and here, about Schwan’s efforts to quash a subpoena served by the EEOC as part of its investigation into claims of gender discrimination against female management trainees. Magistrate Judge Mayeron rejected Schwan’s arguments back in March, and now Judge Tunheim has affirmed the Magistrate’s order, requiring Schwan’s to produce the [...]
Broader FMLA rights for same-sex couples and others
On June 22, 2010, the U.S. Department of Labor issued a new interpretation of the definition of “son or daughter” under the Family and Medical Leave Act which will expand the number of employees who are eligible for leave, especially those in a same sex relationship. As background, the FMLA entitles an eligible employee [...]
Accommodating Employees’ Religious Beliefs
A decision earlier this week by a Federal District Court Judge here in Minneapolis offers some very useful guidance on accommodating requests for religious accommodations by employees. Celestica Corporation operates a manufacturing plant in Arden Hills. Adecco USA provides temporary employees to Celestica. The plaintiffs are practicing Muslims who allege that Celestica discriminated against [...]
Small firms make gains in recession
No surprise to this big firm refugee, but a new study by a legal recruiter confirms that the recession has helped drive Fortune 500 clients tosmall, midsize and boutique law firms. “Because of their lower overhead and operating costs, small firms can offer the same legal services for significantly less than large firms. This [...]
Plaintiffs face long odds in employment discrimination suits
A new study by the American Bar Foundation shows that plaintiff’s chances of winning in federal court are actually quite slim. The article, “Individual Justice or Collective Legal Mobilization? Employment Discrimination Litigation in the Post Civil Rights United States,” published in the June 2010 issue of the Journal of Empirical Legal Studies, studies employment [...]
Non-competes and health care professionals
Madeleine Baran at Minnesota Public Radio has an interesting story about the use of non-competes in the health care profession. (Disclosure: I was interviewed for the piece). A mother has two children with severe mental health problems. For the past year, her 8-year-old and 10-year-old daughters had been receiving services from a mental health worker who [...]
Was she fired for being “too hot”?
Debrahlee Lorenzana is suing Citibank, alleging that she was fired not because her work was inadequate, as the bank claims, but because she is “too hot”. Really. She says that her bosses told her they couldn’t concentrate on their work because her appearance was too distracting. They ordered her to stop wearing turtlenecks. She was also [...]