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 [...]
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 [...]
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 [...]
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 [...]
Supreme Court decides Chicago Firefighters’ case
On May 24, the Supreme Court decided Lewis v. City of Chicago, which makes it easier for an employee to challenge an allegedly discriminatory employment practice. In particular, the court held that a plaintiff met the 300 day statute of limitations for challenging an employer’s application of an allegedly discriminatory employment practice, even if [...]
The Pitfalls of Background Checks
I often warn clients to be careful about how they conduct background checks because of potential claims of race discrimination. Now comes a lawsuit illustrating that concern. A class action filed in New York yesterday alleges that the management consulting firm Accenture discriminates against African Americans and Latinos in the way it conducts its background checks. [...]
Minority Shareholder Employees Have Additional Rights
Courtesy of MinnLawyer Blog, word of a decision from Texas that serves as a reminder that minority shareholders in closely-held corporations have more rights than one might expect. In Texas, plaintiff Balkrishna Shagrithaya claimed his partner/fellow entrepreneur, who was also the majority shareholder of the company, squeezed him out of the multi-million-dollar software company they [...]
Latest litigation tool: Facebook
Here is an interesting article from Law360 about how lawyers are using Facebook in a variety of different cases. Nothing earth-shatteringly new, but a good reminder for all involved about the implications of social media. In business litigation like non-compete cases, Linkedin may be an even better source of evidence.
Beware of stereotyping employees!
As reported on Work Place Prof Blog, the Eighth Circuit Court of Appeals (which covers Minnesota) issued an interesting opinion in a sex stereotyping/appearance case this week. In Lewis v. Heartland Inns, the court found that the plaintiff had presented enough evidence to suggest that she was fired for not conforming to stereotypes about how women [...]
Testing the limits of FMLA leave
A federal judge in Massachusetts ruled last week that the Family and Medical Leave Act does not provide protection to an employee who took a seven-week trip to the Philippines to participate in a faith healing event with her husband. Maria Tayag worked as clerk at Lahey Hospital. Her husband had a number of serious [...]
