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December 2011 Archives

Testifying about sexual harassment should not lead to termination

The Fifth Circuit Court of Appeals has recently heard a case concerning a woman allegedly terminated from her place of employment because she testified concerning sexual harassment occurring at her workplace. It was found that the employee alleged sufficient facts to support her claims of retaliation for the lawsuit to go forward. Such a finding could affect the way that claims of sexual harassment will be handled in Indiana and other states as well.

Indiana as a right-to-work state?

Considerations are currently being made to make Indiana a "right-to-work" state. The definition of "right-to-work" is the ability of those employed in a union shop to be able to opt out of union membership. In the short term, it is believed that this will have little effect on union membership. However, it could have a long term impact on union membership if, during collective bargaining proceedings, the union members feel betrayed by their union.

Doctor files lawsuit for wrongful termination

It is a well-known fact that resident doctors put in a long day and often get very little sleep, especially when they are on call or involved with emergency medical care. Does this then give hospitals and health care facilities the right to demand that a doctor actually work for days on end without getting any sleep?

Indiana employees can complain about overtime requirements

Overtime compensation is always a heavily discussed topic in the field of employment law. Employers are often accused of trying to force their employees to work longer hours for lesser wages.

Court decision provides more protection for transgender individuals

A 11th Circuit decision extends a U.S. Supreme Court 1989 ruling protecting transgender individuals from discrimination at the workplace. Significantly, the decision was unanimously decided and is part of a growing trend where courts are expanding upon the rights provided to transgender individuals to protect them from discrimination based upon sex.

Attempts to ban discrimination spreading across Indiana

As far as the law is concerned, discrimination is a relatively recent phenomenon. Most middle-aged adults can remember a time where ordinances preventing interracial marriage were enacted while rules prohibiting discrimination based on race, gender or lifestyle choices were almost non-existent. And if such prohibitions existed at all, it was mainly confined to large urban areas. This situation is now changing.

Workplace discrimination claimed against Hertz rental cars

Title VII of the Civil Rights Act bans employers from discriminating against employees on the basis of race, religion or nationality.

Employees with increased risk of sexual harassment paid more

Generally speaking, employees who work in dangerous professions get paid more for placing their lives at risk. But what about people who are at risk of suffering from sexual harassment in the workplace--do they get paid more for working in a potentially hostile work environment?

Indiana jobless rate continues to rise

The employment situation in Indiana has been worsening in recent months. Though the state unemployment rate of 8.9 percent is still slightly below the national average, unemployment claims have risen for five straight months. Approximately 2,900 jobs were lost in October and around 273,000 Indiana residents are now looking for work. The loss of jobs during the last three months has been the largest increase in unemployment in Indiana since 1993.

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