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“Control is an illusion, you infantile egomaniac. Nobody knows what’s gonna happen next: not on a freeway, not in an airplane, not inside our own bodies and certainly not on a racetrack with 40 other infantile egomaniacs.” Dr. Claire Lewicki in Days of Thunder. The...
The U.S. Supreme Court, in addition to its recent flurry of more widely known decisions dealing with gay rights, affirmative action and the Voting Rights Act, issued several other lesser known decisions, including Vance v. Ball State University, a decision directly...
It shouldn’t take a gender discrimination employment lawyer to tell you it is a bad idea to make fun of a femal employee’s butt. Nonetheless, a former AutoZone, Inc. employee, Marcela Fuentes, won $860,000 in a sexual harassment suit against the company after male...
As employment attorneys, the members of Spitz, The Employee’s Law Firm are aware of one fact that many individuals do not realize; namely, that it is easier to prove a race, gender, or discrimination claim that it is to prove an age discrimination claim or an unlawful...
Note to employers: arguing that the staffing agency that places employees at your facility is to blame for your discriminatory conduct is not going to shield you from liability. Illini Precast found this out the hard way. Illini Precast, a manufacturer of...
One of the most common causes of lawsuits arising out of the Family and Medical Leave Act (FMLA) is an employer’s failure to give employees 15 calendar days to provide the necessary medical certification form to prove their need for FMLA leave. According to the U.S....
It seems obvious that treating someone unfavorably because that person is a member of a particular race or because that person has a certain skin color complexion is discriminatory, and therefore, illegal. But what about employment policies or practices that apply to...
Despite recent progress in the area of equal rights, pregnancy discrimination remains rampant in today’s workplace. According to a recent New York Times article, pregnancy-related discrimination charges have risen 35 percent over the last decade. The article goes on...
It seems obvious that it cannot allow the use of racial slurs in the workplace to refer to a co-workers. But, can an employer be held liable for one of its employee’s written racist messages in the workplace? This question was just posed to our team of employment...
The employment discrimination lawyers at Spitz, The Employee’s Law Firm were recently asked about the viability of race discrimination claims when the employee and the employer harasser are the same race. Can black managers racially discriminate against black...
The Americans with Disabilities Act (ADA) seems to be expanding its definition of “disability.” Just last month, the American Medical Association voted to re-classify obesity from a condition to a disease. As such, obesity – even perceived disability – likely...
One of the most common forms of sexual harassment that our employment attorneys encounter is “quid pro quo” harassment. Quid pro quo sexual harassment is harassment in which a supervisor coerces sexual favors from a subordinate employee in exchange for a promise of...
A lesson for managers and supervisors: if you are aware of sexual harassment in the workplace and you fail to do anything about it, you are exposing your company to a great deal of liability and exposure. Take the recent case involving The Geo Group, Inc., for...
Our wage and hour attorneys were recently asked: Are employers required to pay employees for holidays? The answer: well, it depends. Employers are not required to pay non-exempt employees for holidays. Non-exempt employees are those employees subject to the overtime...
Let’s start with the ending, in granting a very rare partial motion for summary judgment in favor of plaintiffs, Judge Kimball wrote that the conduct of Holmes & Holmes Industrial, Inc. (“Holmes”), a construction company, was “constitutionally offensive in any...
Employment law attorneys understand that disability discrimination encompasses both real and imagined disabilities. To be sure, the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability, even discrimination because an employer...