I recently told the students in my Employment Discrimination class that we don’t see many claims brought under Section 1981 of the Civil Rights Act of 1866. As if to prove me a liar, the Eighth Circuit just this week affirmed a grant of summary judgment in a retaliation case under that very Civil War [...]
Rights under FMLA may begin before leave itself
Although it is not directly applicable to Minnesota employers, an appellate court in Florida recently held that the Family and Medical Leave Act protects a pregnant worker who was fired after she requested leave, even though she was not eligible for FMLA leave when she made the request, because she would have been eligible at [...]
FLSA collective action permitted in arbitration
Less than two years ago, the Supreme Court limited the availability of arbitrations in class action cases when it decided that a party may not be compelled under the Federal Arbitration Act to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so. Stolt-Nielsen S.A. v. [...]
A refresher on Ellerth-Faragher
Attorneys who need a quick refresher on the nuances of the Ellerth-Faragher affirmative defense in supervisor harassment cases should spend some time with last week’s decision by the 8th Circuit in Crawford v. BNSF Railway Co. Five plaintiffs (four men and one woman) alleged that their male supervisor subjected them to frequent sexual and [...]
Employee permitted to take naps cannot establish failure to accomodate
A decision last week in Federal Court by Judge Tunheim offers a glimpse into how an employer struggling to accommodate a difficult employee with health issues should proceed. Jennifer Lenzen worked as an administrative assistant for Workers’ Compensation Reinsurance Association from 1995 until December 2008. She was diagnosed with fibromyalgia and chronic fatigue syndrome in [...]
Conduct resulting from mental impairment may not disqualify employee for unemployment compensation benefits
The Minnesota Court of Appeals last week highlighted an important new exception to the general rule that an employee who commits misconduct is not eligible for unemployment compensation. James Cunningham worked at a Wal-Mart store in Fridley. In November 2008, he suffered a series of four mini-strokes; these caused him lingering problems with memory and [...]
Mandatory arbitration for union employees upheld
Last week, the Eighth Circuit Court of Appeals reaffirmed the principle that a union may waive its members’ rights to bring employment-related claims in court and require those claims to be decided in binding arbitration. Keith Thompson was a pilot for Air Transport International based in Arkansas. After returning from FMLA leave, he was discharged [...]
A lesson for school districts?
A recent decision by Senior Judge David Doty in an inflammatory racial discrimination case arising in the Red Wing public schools provides a good overview of claims that a student who has been harassed based on her race might bring against a school district and its officials, focuses attention on the little-known Title VI (not [...]
The prevalence of pregnancy discrimination
Here is an interesting article about the persistence of pregnancy discrimination in the American workplace. It points out that pregnancy-discrimination complaints to the EEOC have risen steadily from 3,977 in 1997 to a peak of 6,285 in 2008. In 2010, there were 6,119 such complaints. The article quotes Cynthia Calvert, a senior adviser at the [...]
Employers are digging deeper into social media for job applicant histories
The latest is here: http://www.nytimes.com/2011/07/21/technology/social-media-history-becomes-a-new-job-hurdle.html?src=me&ref=general
