In November 2007, a jury in Seattle awarded $4.4 million to Melissa Sheffield in a discrimination lawsuit. Sheffield sued her former employer, Goodyear Tire & Rubber Co., for retaliation after she complained of sexual orientation harassment, and she also claimed that Goodyear failed to reasonably accommodate a disability. Articles about the case can be read… Read More
Employment Blog
Here you can find the most recent employment law news and commentary on cases around the country. If you need assistance with employment law, don't hesitate to call us.
Defamation Liability During Workplace Investigations
The Ohio Employer’s Law Blog reports today about an interesting case from the Ohio Supreme Court. The case concerns alleged defamatory statements in an internal investigation report about a police chief. The police chief sued for defamation after the report was made public. The Ohio Supreme Court decided that there was sufficient evidence to submit… Read More
9th Circuit: Public Employee Drug Test Was Unconstitutional
Today the 9th Circuit Court of Appeals issued an opinion holding that a preemployment drug test on an Oregon public employee was unconstitutional. The plaintiff was offered a job in a city library conditioned on a drug test. She challenged the drug test on Fourth Amendment grounds. The 9th Circuit determined that the city failed… Read More
“Tens of Millions” from the Starbucks Tip Jar?
How much money is there in a coffee house tip jar? A trial is underway in San Diego to find out. The court will be asked to award damages to employees who allegedly were denied a fair share from the tip jar at Starbucks. The class action on behalf of an estimated 120,000 Starbucks baristas… Read More
Constructive Discharge Claim Dismissed by Washington Court
Yesterday, Division III of the Washington Court of Appeals issued an “unpublished” opinion addressing constructive discharge under Washington law. The decision does not break any new ground in Washington employment law, which why it is unpublished, but it is worthwhile to observe what is not a constructive discharge. The employee argued constructive discharge after he… Read More
Supreme Court Considers Another Case On ERISA Remedies
As noted below, on February 20, the U.S. Supreme Court clarified a remedy issue under ERISA. Employees can sue under ERISA Section 502(a)(2) for fiduciary breaches that impair the value of assets in a 401(k) account. Last week, the Supreme Court signaled that it may now address the issue of what constitutes “equitable relief” under… Read More
Court: Disability Benefit Plan Can Require Objective Evidence of Disability
ERISA disability benefit plans commonly require objective medical evidence of disability. This can be a difficult hurdle for claimants who believe they are disabled by conditions that cannot be evaluated by objective evidence. In one recent case, for example, the employee argued that she was disabled because of severe debilitating migraines, but that it was… Read More
Court Allows Lawsuit for Coworker Retaliation
In a recent case, the 6th Circuit Court of Appeals ruled that Title VII permits claims against an employer for acts of retaliation by coworkers. According to the court, an employer will be liable for a coworker’s actions if: (1) the coworkers’ retaliatory conduct is sufficiently severe so as to dissuade a reasonable worker from… Read More
Sharp Increase in Employment Discrimination Cases
According to the United States Equal Employment Opportunity Commission (EEOC), employment discrimination charges rose 9% in 2007, the largest increase in 15 years. The increases occurred in nearly every category and, for the first time, retaliation claims have outnumbered sex-based charges. The EEOC press release summarizes the data by type of discrimination claim and all… Read More
Jury Verdict: $1.6 Million for Accused Harassers
An article from the LA Times (here) discusses a painful case against the Los Angeles City Fire Department. The case arises out of a hazing incident in which a black firefighter, Tennie Pierce, had his dinner laced with dog food. It is reported that the city settled with Pierce for $1.5 million after spending $1.3… Read More