A recent decision from the Sixth Circuit Court of Appeals addressed a very important topic within the realm of disability discrimination law: specifically, when is telecommuting a reasonable accommodation for an employee with a disability? In the case of one Ford Motor Co. employee, the Sixth Circuit concluded that the employer’s…
Articles Posted in Retaliation
Eleventh Circuit Affirms Georgia Truck Driver’s Termination Did Not Violate ADA, FMLA
A trucking company that fired a truck driver who had been diagnosed with alcohol dependency did not violate the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA), according to a recent Eleventh Circuit ruling. The plaintiff in the case was employed in Georgia by the…
Georgia Whistleblower Plaintiffs Must Receive Definitive Decision of Termination to Trigger Statute of Limitations
The statute of limitations for a Georgia whistleblower action does not accrue until the employee receives a definitive or final determination about the alleged retaliatory action, the Court of Appeals of Georgia held late last year. This ruling helps public employees who have been wrongfully terminated by their employers prove…
Privacy, Prying, and Productivity: Balancing Online Access at Work
Just a couple of decades ago, some of the biggest unsanctioned communications “perks” an employee might covet would be making a long-distance call on the company dime or using the fax for personal business when no one was looking. Then came the chain emails and funny cat videos one could…
Whose Business is it? Some Workplace Boundaries
As a kid, everyone seems to have that one friend whose parents are infinitely more permissive than their own. They get to stay up late, eat junk food, and come and go at their leisure. For the envious rest of us, childhood was just a matter of biding time until…
An Employee’s Right to a Safe Work Environment
With all the misplaced fears and manufactured hysteria about the first Ebola case diagnosed in the US, it is not hard to assume most people are happy they are not health care workers in that Dallas hospital. Unfortunately, it looks like at least one of the nurses caring for the…
Federal Court in Tennessee Permits FLSA Retaliation Case to Proceed
A federal court in Tennessee recently rejected an employer’s attempts to have a retaliation case dismissed. In Sanders v. Whites Creek Healthcare, LLC, Lesia Sanders had filed a retaliation case under the Fair Labor Standards Act (FLSA), claiming that she was terminated from her position after reporting her employer’s illegal…
Federal Court in Tennessee Denies Summary Judgment in Case Where Employee Retaliated Against For Reporting Illegal Activity
A federal court in Tennessee recently denied a motion for summary judgment against an employee claiming that he was retaliated against by his employer after reporting illegal activity. In Walls v. Tennessee CVS Pharmacy, LLC, Michael Walls worked for CVS from 1998 to 2011, mainly as a store manager. As…
Federal Court in Tennessee Denies Summary Judgment Motion in Retaliation Case
Another sexual harassment retaliation case was decided recently, this one in Tennessee federal court. In Lawson v. White, Ms. Lawson charged her director with retaliation under Title VII of the Civil Rights Act of 1964 and the Tennessee Human Rights Act after she reported being sexually harassed by another employee. …
Federal Court in Georgia Denies Summary Judgment in Part, Permits Retaliation Lawsuit to Move Forward
Recently, a federal court in Georgia granted in part and denied in part an employer’s motion for summary judgment, allowing a sexual harassment lawsuit to move forward. In Bosco v. Lincare, Inc., Ms. Bosco filed a complaint alleging unlawful sexual discrimination and harassment in violation of Title VII of the…