In an employee’s Family and Medical Leave Act case, there are various potential avenues to success for an employer. One way an employer can blunt an employee’s case is by establishing that the employee did not follow company policy for reporting his FMLA absences. That’s what happened to one waffle-packaging machine operator in Tennessee, and the employer’s evidence proved to be enough to allow it to obtain summary judgment on the employee’s FMLA claims.
While much has been reported in the news recently in terms of bathrooms and civil rights, an Ohio public health agency employee’s Title VII lawsuit was a very different kind of bathroom case. The employee, a supervisory-level environmental health and sanitation worker, alleged that she suffered from workplace retaliation after informing office supervisors about an IT worker’s alleged misuse of a video camera. The Sixth Circuit Court of Appeals revived that employee’s case recently, deciding that the employee’s evidence created a possible conclusion that she suffered harm as a result of reporting the male co-worker’s alleged acts of sexual impropriety.
One of the interesting byproducts of living in the 21st-century information age is the speed at which information transmits. In this age of smartphones, the world-wide web, and social media, news really does travel fast. Whether you are an LGBT person in the workforce or you’re an employer, chances are you either have read or will soon be reading about the April 4 Title VII decision issued by the Seventh Circuit Court of Appeals sitting en banc. You’ll likely see headlines trumpeting that the decision has “decided” the issue of Title VII and whether or not it bars sexual orientation discrimination. While that’s true in Indiana, Illinois, and Wisconsin, if you’re working or doing business in Georgia, the reality is a bit different.
Sometimes the alleged acts of discrimination that go on within a workplace may be extensive and extreme. Even when that level of alleged racism is going on at work, it is still important to follow all of the necessary steps to pursue your case carefully and thoroughly to avoid procedural issues that might trip up your action. Three workers at a Georgia farm each cleared important hurdles in their Title VII race discrimination lawsuits against their employer when a federal judge recently denied the employer’s request (in each case) to grant it summary judgment on the employees’ Title VII claims.
In the latest ruling of what has become a nationally watched case, an 11th Circuit Court of Appeals panel has upheld a trial court’s decision to throw out a Georgia security guard’s Title VII claim based upon her sexual orientation. The ruling is worth noting by Georgia employers and employees for a number of reasons. First, the decision announced the panel’s refusal to expand the parameters of Title VII to include an explicit prohibition against employment discrimination against gays and lesbians. Second, the panel re-affirmed the avenue available to some employees in this security guard’s position: pursuing a claim of discrimination based upon failure to conform to gender stereotypes.
When it comes to litigating issues in employment law, whether the issue is Family and Medical Leave Act interference, Fair Labor Standards Act retaliation, disability discrimination in violation of Americans with Disabilities Act, or some other violation of employment laws, one of the keys to success, especially as an employer, is having a well-established record of fairness and clear communication with your employee. In a recent case originating in Memphis, an employer’s ability to document that it did everything required to comply with the law allowed it to defeat an employee’s claim that it was liable for disability discrimination. According to the 6th Circuit Court of Appeals, the employer’s issuance of repeated warnings was an essential aspect of the case, and stood in clear contrast to other cases where the employee was successful.
Employers often concern themselves with making sure that employees are not misusing resources or benefits available to them. While an employer has certain latitude in terms of, say, using tracking software to monitor employees’ use of company-provided internet, things can be different when it comes to statutorily guaranteed rights like leave under the Family and Medical Leave Act. In one recent case, the 11th Circuit Court of Appeals sided with an employee after her employer demanded extra documentation related to her FMLA absences, even though it had no proof that she was abusing the FMLA leave process.
One of the more hotly contested areas of employment discrimination currently is discrimination against LGBT employees. In states like Tennessee, federal court precedent has ruled that sexual orientation discrimination is not a valid type of Title VII violation, but some LGBT employees have won their cases by arguing that their employers discriminated against them for failing to conform to traditional sex stereotypes. In one recent federal court case from West Tennessee, a police officer lost because his sex stereotyping claim did not offer proof that his employer discriminated against him due to some “observable characteristic” that was insufficiently masculine.
The hostile work environment case of one Georgia health care company employee offered a potentially novel and unique question, namely, can an employee pursue a hostile work environment case when she was not the victim of the alleged harassment and was not even present when the alleged harassment took place? In this case, the 11th Circuit Court of Appeals did not need to answer this question to rule in favor of the employer because the employee’s evidence fell short of the law’s requirement that the alleged harassment be both severe and pervasive.
A recent case from the Fifth Circuit Court of Appeals ruled that employees who suffer harm as a result of their employers’ Fair Labor Standards Act violations or acts of retaliation can pursue awards of damages for the emotional distress they suffered. While this standard of allowing emotional distress damages is new in places like Texas, a 2004 Sixth Circuit decision on the topic means that employees in Tennessee have had access to emotional distress damages awards for several years.