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Tyson Foods has agreed to change its religious accommodation policies to settle Equal Employment Opportunity Commission charges that the Arkansas poultry processor discriminated against a worker who watched Sunday church services on television. Tyson fired Afton Bolen from his job as a fryer operator for refusing to come in on Sundays, despite its policy of […]
A San Francisco judge has dramatically sliced a recent jury award of over $131 million to African-American workers who were discriminated againstby their employer, Interstate Bakeries Corp. Calling the verdict against the maker of Wonder Bread excessive, the judge reduced the original award, which included compensation for lost wages and pain and suffering, together with […]
Our accompanying story looks at the issues raised when a former employee lures away existing workers. Having employees sign an “anti-raiding agreement” is one way to deal with this problem. In general, these contracts are more likely to be upheld by a court if they’re for a limited period of time, such as one year. […]
It may come as a surprise that employers can now be sued if co-workers harass an employee who has made a workplace complaint. A recent Ninth Circuit Court of Appeals decision has broadened the liability of employers for retaliation to include not just supervisors’ acts, but also the hostile conduct of other employees. We’ll offer […]
In some situations, transferring an employee to a new position with a different supervisor might be an appropriate way to accommodate a disabled employee. But a recent ruling involving a Southern California loan underwriter demonstrates that courts won’t insist on a transfer without evidence that the move would enable the employee to work more productively. […]
Our earlier article spells out what to look for to determine if an agreement complies with the new Supreme Court standards. But addressing problems with agreements employees have already signed presents additional issues.
The EEOC recently released a guidance explaining when it is and is not permissible to ask employees disability-related questions or to require them to take medical exams. In this final segment, we look at how the EEOC says you should handle a number of common but frequently thorny situations involving employee medical information. Documentation When […]
Manor Park nursing home in Texas hired Clifton Orphy as a janitor. The trouble was Orphy was using a different name and a fictitious date of birth and Social Security number. Consequently, Manor Park discovered that the person it hired had five prior felonies on his record only after he had raped an 84-year-old nursing […]
When modifying a retirement plan or implementing an early retirement incentive program, most employers don’t announce the news until the details are finalized and the program is set to go. Now an important case from the Ninth Circuit Court of Appeals details when you have to give employees advance notice of a new program or […]
It’s always disappointing when a top employee leaves your company. But disappointment can turn to disaster—and a lawsuit—if your former star takes along a group of other key employees. That’s what happened in a recent case in which the California Court of Appeal clarified the obligations of existing employees and competitors regarding attempts to lure […]