Tag Archives: discrimination claims

Heed Those Warnings About EEOC Systemic Investigations!

The EEOC Is Serious About Systemic Enforcement, and These Cases Are A Pain!  We have increasingly warned employers about the EEOC’s increased focus on “systemic litigation.”  While the systemic program started in 2006 under the Bush Administration, the Obama Administration … Continue reading

Posted in background checks/examinations, class actions/systemic investigation, discipline and discharge, EEOC, employer policies, government inspections, litigation | Tagged , , , , , , , , | Leave a comment

How to Weigh Obesity In Employment Decisions

In September, one of my Memphis partners, Jeff Wientraub, wrote a good analysis of legal issues posed by obese workers in HR Professionals Magazine.  While most employers state that an employees weight does not influence their employment decisions, I am … Continue reading

Posted in ADA, aging workforce, cultural changes, generational differences, wellness, whistleblower/retaliation, workers comp | Tagged , , , , , , , , , | Leave a comment

You Can Win ADA Claims- Show Individualized Analysis and No Knee-Jerk Decisions

Today, the Eight Circuit handed down a well-reasoned decision in plaintiff’s appeal of its loss in an ADA and State Whistleblower claim.  A locomotive machinist  was sent for examination and not allowed to return to work after being diagnosed with … Continue reading

Posted in ADA, discipline and discharge, EEOC, whistleblower/retaliation | Tagged , , , , , , , , | Leave a comment

Worst Case Scenario – National Claims and a Painful Ergonomic Settlement

This is a sobering Blog.  There are legitimate workplace safety concerns involving ergonomic issues in many industries, but how would you like to be on the receiving end of the attacks described below?  Let’ discuss the most recent development in … Continue reading

Posted in aging workforce, concerted protected activity, cultural changes, employer policies, government inspections, hospitality, incentive plans, OSHA, retail, social media, union organizing, unions, wellness, workers comp | Tagged , , , , , , , , , , , , , , , | 1 Comment

OSHA WILL Go After You If They Don’t Like Your Policies On Discipline For Not reporting Injuries

OSHA Region V recently gave a presentation on their focus on retaliation cases, including an intense scrutiny of rules and discipline related to failure to timely report workplace injuries. These comments reflect the OSHA National emphasis  I keep harping about … Continue reading

Posted in aging workforce, discipline and discharge, employer policies, government inspections, incentive plans, OSHA, whistleblower/retaliation | Tagged , , , , , , , , | Leave a comment

Part 2 – Care and Feeding of Counsel

Posted below is Part 2 of my ruminations on selecting and managing labor counsel.  I prepared Part 1, the first 10 points,  after sharing my Las Vegas partner, Mark Ricciardi’s multi-part series on selecting employment counsel.  It is our hope that … Continue reading

Posted in cultural changes, discipline and discharge, employer policies, litigation, managing legal matters | Tagged , , , , | Leave a comment

Wash Your $!&# Hands! Employers and the Flu

The CDC reports that the current flu season will be the worst one in recent years. On January 9, news outlets carried stories about the City of Boston declaring a state of public health emergency and of Chicago hospitals having … Continue reading

Posted in aging workforce, concerted protected activity, cultural changes, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, generational differences, government inspections, hospitality, managing legal matters, manufacturing, NLRB, OSHA, retail, social media, union organizing, unions, wellness | Tagged , , , , , , , , , , , , , , , , , | Leave a comment