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January 2012 Archives

Gender discrimination at Indiana University

An Indiana University School of Medicine professor is suing the school for gender discrimination. The professor alleges that she was paid far less than male professors who had considerably less experience than she did.

School superintendant involved in multi-million dollar lawsuit

A former school superintendent just east of Indianapolis is intertwined in a public employment dispute involving a number of claims and counterclaims. The superintendant has been accused of defrauding the school district of millions of dollars in salary and compensation.

Employers need to communicate workplace policies

Employers sometimes seem to invent reasons for why an employee should be terminated from their employment. Wrongful termination can occur simply because they failed to abide by a policy that no one had ever educated them upon. This can happen in Indiana, our neighboring state of Ohio or anywhere else in the nation.

Indiana resident is plaintiff in gender discrimination suit

An Indiana resident is one of two plaintiffs in a lawsuit brought against Quest Diagnostics and a subsidiary alleging gender discrimination against females. The Indiana resident had 15-years of sales experience and had received several performance based awards. Nevertheless, she was passed up for promotion as the position instead went to a male colleague with only 3-years of experience.

Indiana right-to-work laws still being debated

The right-to-work laws proposed in Indiana are making national news. If the proposed legislation is passed, Indiana would be the first state in the Midwest to prohibit employment contracts forcing employees choosing not to be in a union to still pay union dues. Indiana would also be the first state to pass such legislation in more than a decade.

U.S. Supreme Court take on religious employers

In a 9-0 decision, the United States Supreme Court held in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Commission that a church school in Michigan was not required to pay damages to a teacher fired in a wrongful termination suit for an alleged violation of the Americans with Disability Act. This was due to the teacher also being considered a "called minister" at the school. By accepting this label, the teacher received a number of tax benefits that she would otherwise not received if she had not been a called minister.

Employees can bring class-action disputes against employer

The National Labor Relations Board (NLRB) recently ruled that employers cannot prevent workers from filing class actions concerning work-related employment law disputes. This ruling would make null and void any arbitration agreement that specifically prohibits groups from joining together to file a claim. This ruling applies to union and non-union employees alike.

Indiana employee allegedly fired for depression

An Indiana based employer is being sued because it allegedly discriminated against an employee suffering from post-partum depression. In essence, what is being alleged is an employer discriminating based upon disability by refusing to provide a reasonable accommodation for the employee concerning her condition. Instead, the employer allegedly fired the employee due to her disability.

Indiana drug testing program under scrutiny

An Indiana program mandating drug testing for an Indiana job training program has both its supporters - in that it prevents individuals entering the workforce that are addicted to drugs - and its detractors that feel such requirements would result in a hostile work environment because such requirements could be deemed unconstitutional. Since the program was first introduced back in July, approximately 2 percent of the applicants have failed the drug test and have tested positive for marijuana, cocaine, opiates, PCP, amphetamines or methamphetamine.

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