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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...
The United States Supreme Court recently agreed to decide the issue of what exactly constitutes “changing clothes” under the Fair Labor Standards Act (FLSA). The FLSA requires employers to pay their non-exempt employees overtime compensation (“time and a-half”) for...
The Americans with Disabilities Act (“ADA”) protects disabled individuals from all kinds of workplace discrimination. One type of discrimination that the Act protects against is an employer’s refusal to provide a reasonable accommodation. Under the ADA, an employer...
Suppose you experience a serious health issue that interferes with your ability to work. Or, what if a loved one is seriously ill or injured and requires your care so that you have to stop working or have to work less? Can you be fired? A serious health problem is...
Most employers understand that, under the Americans with Disabilities Act (ADA), it is illegal to discriminate against employees or applicants with disabilities. However, what many employers are unaware of is a lesser-known ADA provision that prohibits discrimination...
The manager of an adult entertainment facility (read strip club) is faced with discerning customers that ask, “Where are all the white women at?” It becomes clear that at this location, white women are more profitable than dancing black women. The manager’s job is...
Just a few months ago, we blogged about the ongoing discrimination faced female employees when they get pregnant. Again, the law is clear on this point: Under the Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964,...