Have you experienced recent unemployment? Has your company downsized, merged, or been sold? Has your job simply vanished? Have you been let go due to financial strains on your employer? Has your employer laid you off due to the Covid Pandemic? You’re not alone. And in spite of what…
A disturbing case of discrimination in the workplace in Arkansas has made national news as the Equal Employment Opportunity Commission files a lawsuit against one of the country’s largest retailers: Walmart. The agency is alleging that the company discriminated against a pregnant woman, failing to give her the concessions at…
In Casteel v. Charter Communications, Inc., No. C13-5520 RJB (W.D. Wash. Oct. 23, 2014), a federal judge in Western Washington denied the employer’s motion for summary judgment under the Americans with Disabilities Act despite the fact that the employee has been unable to work since July 2009. The employer hired…
Can an employer be held liable for acts of employment discrimination carried out by another employer? If a non-employing entity controls or can substantially affect the terms and conditions of another employer’s employee, that entity may be considered a “joint employer” for Title 7 purposes. This means that the non-employing…
Laura Symczyk worked as a registered nurse at a retirement home in 2007. She alleged in a lawsuit she filed that her employer, the operator of the nursing home, violated the Fair Labor Standards Act (FLSA) by deducting meal breaks from the workers’ pay regardless of whether or not they…
A recent Arkansas employment case was decided by the 8th Circuit Court of Appeals. An Arkansas jury found in favor of plaintiff on her Title VII claims of race discrimination and constructive discharge against a school district and members of the school board. The jury awarded her compensatory damages, wage…
Sexual harassment has been in the news recently with allegations of harassment by Brett Favre toward a female New York Jets employee. Unfortunately, sexual harassment remains a fact of everyday life and a serious problem in the workplace in Arkansas. The Equal Employment Opportunity Commission defines sexual harassment as: “Unwelcome…
The Americans with Disabilities Act was originally signed into law in 1990. Unfortunately, the Federal Courts made lawsuits under the act more and more difficult for disabled Americans since its adoption. Therefore, the United States Congress passed amendments to the ADA and these were signed into law September 25, 2008.…