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Lack of Complaint Undercuts Fired Harassers' Title VII Lawsuit
September 1, 2010

Male employees who were fired for engaging in sex-based conduct have not shown they were similarly situated to female employees who allegedly engaged in the same conduct, because the male employees never complained about the female employees' conduct, the 9th U.S. Circuit Court of Appeals ruled recently.

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Single Incident Was Severe Enough To Create Hostile Work Environment
August 31, 2010

A male employee's grabbing of a female co-workers breasts, and rubbing her buttocks against his body, was severe enough behavior to create a hostile work environment in violation of Title VII of the 1964 Civil Rights Act, the 7th U.S. Circuit Court of Appeals ruled recently.

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Employer Must Continue Interactive Process When Initial Accommodation Fails, Appeals Court Holds
August 30, 2010

An employer has a continuing obligation to engage a disabled employee in the search for an effective accommodation when the employee asks for a new accommodation or it knows that the initial accommodation is ineffective, the 9th U.S. Circuit Court of Appeals ruled on Aug. 27.

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Forcing Pregnant Employee Into Light Duty May Violate ADA
August 19, 2010

While pregnancy is not a disability contemplated by the Americans With Disabilities Act, treating a pregnant employee as disabled can violate the law, a recent 6th U.S. Circuit Court of Appeals ruling illustrates.

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Balancing Test May Force Disclosure of Anonymous Attacks Posted on Internet
August 18, 2010

Targets of anonymous personal attacks on the Internet can force disclosure of the names of the attackers if they show the speech is commercial in nature and the need for disclosure is relevant to the underlying litigation, the 9th U.S. Circuit Court of Appeals held recently.

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Jury Trial Ordered on Supervisor's Retaliation Claim for Helping Subordinate
August 17, 2010

A supervisor who alleges that he was terminated because he assisted a co-worker in opposing sexual harassment may take his retaliation claim to a jury, the 1st U.S. Circuit Court of Appeals ruled on Aug. 5.

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Suit Seeks Overtime for Police Officers for Checking E-Mails While Off Duty
August 16, 2010

The City of Chicago violated overtime rules by not paying overtime to police officers for their time spent checking and responding to work-related e-mails, a lawsuit filed in federal district court alleges.

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Obama Signs Border Protection Bill, Including Increased Employment Visa Fees
August 13, 2010

Companies with large workforces made of up H-1B  or L visa holders will have to pay an additional visa application fee, under a border protection bill that President Obama signed into law this morning.

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7th Cir. OKs Half-Time Damages for Employee Misclassified as Exempt
August 12, 2010

An employer that misclassified a worker as exempt under the Fair Labor Standards Act owed her back overtime at only half her regular rate of pay -- rather than the standard time and a half -- because she was paid a fixed salary intended to cover all hours she worked in a week, the 7th U.S. Circuit Court of Appeals has found, ruling on a subject that has divided other appellate courts.

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