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August 2014 Archives

Appeals court says EMT's discrimination lawsuit can proceed

Indiana readers might be interested in the details of an Aug. 19 decision by the Sixth Circuit Court of Appeals overturning a lower court ruling in a disability discrimination lawsuit. The court found that a woman who had been ordered into counseling by her employer could proceed with her claim under the Americans with Disabilities Act.

When your family needs care the FMLA may protect you

For many residents of Indiana, family comes first. But what happens when your obligation to your family comes into conflict with your professional responsibilities? The chances are that you need that job to support the ones you love. However, sometimes you may need to take extended periods of time off to care for someone in your family. In some cases, this could put your employment in jeopardy. Fortunately, you may have the protection of the Family and Medical Leave Act.

Woman claims retaliation after being fired from Indiana school

In an employment-at-will state such as Indiana, many workers can be fired for almost any reason. Nevertheless, there are limits and one thing employers are not permitted to do is to fire someone in a retaliatory fashion. For example, employer retaliation includes discharging someone who reported safety violations, or who refused to carry out an illegal action.

Food Lion sued by EEOC for workplace discrimination

Indiana residents might be interested to learn that a religious discrimination lawsuit was filed against the supermarket chain Food Lion on Aug. 20. The complaint was filed by the U.S. Equal Employment Opportunity Commission on behalf of a former Food Lion employee who is also a practicing Jehovah's Witness.

Prison officer's harassment claims fail before 7th Circuit

The Court of Appeals for the 7th Circuit ruled in favor of the state of Indiana in a case that provides an overview of employment discrimination law. The plaintiff in the case alleged that she had been discriminated against based on her gender and national origin while she worked for the Indiana Department of Corrections. She also alleged that her working conditions constituted a hostile work environment.

Workplace sexual harassment in Indiana

The Indiana State Personnel Department provides a definition of workplace sexual harassment. It includes requests for favors of a sexual nature, unwelcome advances and other physical or verbal sexual conduct where such conduct is meant to or does unreasonably interfere with work performance or creates a hostile work environment or where submission to such conduct is implicitly or explicitly made a term of employment or used in making individual employment decisions, such as promotion or demotion.

Executive order addresses federal contractor practices

An Indiana employee dealing with a workplace challenge related to national labor laws may wonder whether standing up for personal rights will make much difference, especially when dealing with a federal contractor or subcontractor. Workers in such situations may find a boost in confidence based on an Executive Order signed at the end of July 2014. While the implementation of this order is due to take effect in 2016, contractors interested in obtaining or maintaining contracts may begin assessing issues such as employment disputes now.

What are considered illegal reasons for firing an employee?

It is not always easy to find employment and, when you have it, there is a good chance you will work hard to keep it. But what if your employer decides to dismiss you unjustly? Indiana is an employment-at-will state. For many employees, this means they can be dismissed legally for just about any reason and this can happen at any time. However, some reasons are exempt from this rule and are considered illegal.

Barclays Center accused of race and disability discrimination

Everyone is entitled to fair treatment in their place of work. If you are doing your job and adhering to the rules, then why should there be a problem? Unfortunately, some people deliberately create a hostile or uncomfortable work environment for their colleagues or employees and this problem is sadly present in Indiana. Often this is the result of discrimination against a person for their age, race, sexuality or any other characteristic that the discriminatory individual chooses to single them out for.

LinkedIn agrees to pay $5.86 million to underpaid workers

Indiana residents may be familiar with the professional networking services offered by LinkedIn. The California based company was founded in 2002, and it has gone on to become the online leader in this area. However, workers in several states claimed that they were owed wages and overtime pay by the social-networking company, and a subsequent investigation by the U.S. Department of Labor determined that LinkedIn had violated the Fair Labor Standards Act.

Taco Bell sued for discriminating against Hispanic employees

A former manager of an Indiana Taco Bell location has filed a complaint in federal court against the fast food chain. The 60-year-old woman claims that her operations leader requested that she not hire Hispanic workers and reprimanded her for doing so. Shortly after a Hispanic employee was observed working at the plaintiff's restaurant, the plaintiff claims she was wrongfully dismissed from her position as general manager.

Discrimination suit filed by employee against Target

Indiana workers may be interested in a case pending in Texas as an employee of a Houston Target has alleged racial and disability discrimination. The plaintiff is a man who has worked for the retail company since 1993. He has had different positions at various locations in the area. According to reports, the man suffers from impaired mobility due to rods placed in his back, and he also deals with dyslexia and autism. According to the suit, these issues have not prevented the man from performing essential duties on the job.

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