Isolated Incidents of Allegedly Inappropriate Behavior Insufficient to Establish Sexual Harassment Claim

A California appellate court has upheld the trial court’s dismissal of a county employee’s sexual harassment claim. The court found that isolated, minor instances of alleged harassment were insufficient to sustain the worker’s claim. The case is Robinson v. County of Los Angeles, Calif. Ct. App., No. B317521 (Nov. 8, 2023). The employee worked as a student professional worker in a county public defender's office, Read More

Court Finds in Favor of Veteran Whose Employer Denied His Disability Accommodation Request

A former Texas state trooper recently won a $2.4 million verdict against the Texas Highway Patrol under the Uniformed Services Employment and Reemployment Rights Act (USERRA). In his lawsuit, the former law enforcement officer alleged that the state agency failed to accommodate a disability that he sustained during military service. Although a Texas appellate court ruled in 2018 that the state had immunity from the Read More

Weis Markets Faces Lawsuit for Allegedly Misusing EAP Benefit

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Weis Markets, a Pennsylvania supermarket chain. In the lawsuit, the EEOC alleges that a supervisor subjected an employee to sexual harassment, and the employer fired her after she refused to comply with its unlawful directive to participate in the company employee assistance program (EAP). The employee reportedly reported her Read More

U.S. Supreme Court Hears Arguments in Whistleblower Retaliation Case

The U.S. Supreme Court recently heard arguments in Murray v. UBS Securities, a whistleblower retaliation case. In this case, the Court is considering whether whistleblowers alleging retaliation by their employers must prove that they acted with retaliatory intent. Murray worked for UBS as a strategist in its mortgage strategy group. UBS laid him off in 2008 due to a reduction in force due to the financial crisis Read More

EEOC Issues Updated Guidance on Workplace Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) issued proposed guidance entitled “Enforcement Guidance for Harassment in the Workplace” for employers enforcing laws that prohibit workplace harassment. The guidance, which the EEOC published in the Federal Register on October 2, 2023, provides the legal standards for workplace harassment claims and updated examples to illustrate situations that could lead to Read More

NLRB Releases Final Joint-Employer Rule

The National Labor Relations Board (NLRB) issued a final rule on October 26, 2023, that expanded the standard for when two employers conducting business with one another are considered joint employers under the National Labor Relations Act (NLRA). Being joint employers subjects them to various responsibilities under the NLRA, including being potentially liable for the unfair labor practices of one another. The Read More

Disabled Employee Sues Employer Under ADA After Being Fired for Failing to Return to Office Post-COVID

A disabled employee has sued his employer after he was fired for failing to return to the office following the COVID-19 pandemic. Zacchery Beval, who suffers from various medical conditions, has filed suit against his former employer, Electric Boat Corp., alleging discrimination under the Americans with Disabilities Act (ADA) and the Connecticut Fair Employment Practices Act. He claims that Electric Boat failed to Read More

Steel Co. Expected to Settle Paternity Leave Suit for $5M

Gerdau Macsteel Inc. has agreed to settle a paternity leave case that could cost the steel manufacturer as much as $5 million. After Gerdau denied Nicholas Johnson, a non-union employee, six weeks of paid paternity leave after the birth of his child, Johnson sued the company under Title VII of the Civil Rights Act and Michigan’s Elliot-Larsen Civil Rights Act. He alleged that he and other male employees were denied Read More

7th Circuit Rules ADA May Require Accommodations for Commuting Employees

The U.S. Court of Appeals for the Seventh Circuit has ruled that the Americans with Disabilities Act (ADA) may require employers to provide reasonable accommodations for employees to commute. However, the court declined to establish a bright-line rule about when the ADA requires such accommodations. The case is EEOC v. Charter Communications LLC, 7th Cir., No. 22-1231 (July 28, 2023). An employee at Charter Read More

Reporting Nonbinary Employees on the EEO-1 Survey

The U.S. Equal Employment Opportunity Commission (EEOC) does not require employers to report employees as nonbinary on the EEO-1 form. While the form contains separate boxes for employers to designate male and female employees, there is no such box to designate an employee as nonbinary. However, the EEOC specifies that employers should use the comments section on the EEO-1 form to report these employees if they Read More