In the 1980s, a diagnosis of HIV or AIDS was a death sentence. It was also essentially a license to discriminate, and employers did so frequently. Although it has since become illegal to do so and the stigma surrounding the condition has waned, discrimination against HIV-positive workers continues. Some of…
A federal appeals court has affirmed a judgment in favor of a company accused of disability discrimination, finding because employee never informed her bosses of the nature of her disability and never requested accommodations, she could not prove the reason for her termination was the disability. Walz v. Ameriprise Fin.…
The use of social networking websites, contact sharing, and data collection on the internet, unscrupulous companies should be aware of the potential liabilities that come with using big data. LinkedIn, the well-known professional social networking site, is facing a federal class action lawsuit for violating the Fair Credit Reporting Act…
With an increasing number of Americans making a living at their computers, carpal tunnel syndrome had been a rising diagnosis—as well as a concern for employers. In addition to workers’ compensation claims that have been tied to the repetitive stress disorder, employers have lost work time and productivity because of…
The Genetic Information Non-Discrimination Act (GINA) prevents employers from discriminating against employees or potential employees based on their genetic or family medical history. In a recent case, the Equal Employment Opportunity Commission settled a class action for $187,000 with a California seed and fertilizer operation for refusing to hire applicants…
The American Disabilities Act protects individuals who suffer from physical or mental disabilities against discrimination. According to reports from the Equal Employment Opportunity Commission , the owner of a McDonald’s franchise in Oakhurst and the affiliated property management company illegally discriminated against an employee because of his cerebral palsy. EEOC…
Wellness tracking programs are increasingly under scrutiny by employee rights advocates, health care professionals and other policy makers. In yet another case that challenges the legality of the employee wellness program, the U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Honeywell International to stop the company from…
Protected classes under California state and federal law are always evolving. Minorities, women, those with disabilities and members of the gay and lesbian workforce were not always given legal authority in the face of discrimination. A new class has emerged raising a new question—should the obese be established as a…
Bluestein v. Cent. WI Anesthesiology, S.C, an appeal from the United States Court of Appeals for the Seventh Circuit, involved an anesthesiologist who sued her employer for wrongful termination under Title VII of the Civil Rights act of 1964, the Rehabilitation act of 1973, and the Americans with Disabilities Act…
Employers have a number of incentives to impose wellness programs. Some business owners and corporate boards argue that they can lower healthcare costs, boost morale, and improve productivity. Despite the benefits of these programs, employer wellness incentives have been criticized for imposing invasive healthcare tracking policies and charging employees extra…