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Sick Pay Law Reintroduced

Citing the lack of paid sick days for workers, and the associated costs of sick workers showing up for work, Senator Tom Harkin (D–Iowa) and Representative Rosa DeLauro (D–Connecticut) on March 20, 2013 reintroduced the Healthy Families Act (Sen. 631 and H.R. 1286).   The bill would allow workers to accumulate up to 56 hours of paid […]

Stray Remark Overturns Summary Judgment in D.C. Circuit

Generally speaking, in order to state a claim for a hostile work environment claim, the employee must demonstrate conduct that creates an “objective hostile or abuse work environment.”  Ordinarily, this requires demonstrating that the workplace is “permeated with discriminatory intimidations, ridicule and insults” to the point that it is so severe and pervasive to alter […]

No Employer Liability For Sexual Harassment If Employee Doesn’t Complain About Sex-Based Conduct

A federal appeals court recently held that an employer was not liable for sexual harassment to an employee who complained only about harassment, not sex-based harassment.  Medina-Rivera v. MVM Inc., No. 11-2419 (1st Cir. April 10, 2013). In 2008, Estrella Medina-Rivera worked as a part-time detention officer for MVM, Inc., a security company in Puerto […]

Employer’s Consistent Explanation for Discharging Employee Defeats Discrimination Claims

In Anderson v. Discovery Communications, 8:08-cv-02424, 2013 WL 1364345 (4th Cir. Apr. 5, 2013), the Fourth Circuit affirmed a decision from the United States District Court for the District of Maryland granting summary judgment to Discovery and a cadre of individual defendants on claims under the Americans with Disabilities Act (ADA), Montgomery County Human Rights […]

Partial Deafness Not A Disability Under The ADAAA

A Pennsylvania newspaper soundly defeated a partially deaf former employee’s claims of gender and disability discrimination in federal court.  Mengel v. Reading Eagle Co., No. 11-6151, (E.D. Pa. Mar. 28, 2013) Christine Mengel had worked at Reading Eagle Company since 1999 as a copy editor and page designer, receiving satisfactory performance evaluations between 2001 and […]

Supreme Court To Decide Age Discrimination Claims For Government Employees

This past Monday, March 18, 2013, the Supreme Court granted certiorari in Madigan v. Levin, an Age Discrimination in Employment Act (ADEA) case from the Seventh Circuit.  In Madigan, the issue  is whether state and local government employees can bring age discrimination claims directly under the Equal Protection Clause through Section 1983. The Seventh Circuit’s […]

New Federal Guidelines for Federal Contractors and Subcontractors in Considering Criminal Records

On January 29, 2013, the U.S. Department of Labor Office of Federal Contract Compliance Programs (“OFCCP”) issued Directive 306, “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin.”  Effective upon its issuance, Directive 306 applies to all covered federal contractors and subcontractors, and requires contractors to carefully tailor the […]

Former Virginia Tech Employees’ Title VII and Equal Pay Act Claims Remain Viable

The Fourth Circuit recently issued an opinion addressing employment discrimination allegations raised by three former female employees of Virginia Tech University.  In Maron v. Virginia Polytechnic Institute and State University, No. 12-1146 (4th Cir. Jan. 31, 2013) (unpublished), the plaintiffs claimed that Virginia Tech violated the Equal Pay Act (EPA) when the University paid female […]

Court Grants Conditional Class Certification For Police Officers’ Overtime Claim Based On After Hours Blackberry Use

On January 14, 2013, a federal district court approved a Chicago police sergeant’s request for conditional certification of an FLSA collective action for unpaid overtime wages.  Allen v. Chicago, No. 10-03183 (N.D. Ill. Jan. 14, 2013). The lawsuit alleges that the Chicago Police Department failed to pay police officers overtime pay for time spent working on […]