A More Accommodating View
October 31, 2023
In Wingra Redi-Mix Inc., v. LIRC, the Wisconsin Court of Appeals held that the company violated the Wisconsin Fair Employment Act when it failed to accommodate its truck driver who
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Affirmative Action – A Matter of Degrees
July 6, 2023
On June 29th, the U.S. Supreme Court effectively ended affirmative action in higher education. While this decision will almost certainly impact the candidate pool and workforce diversity, it is not
Learning a Pay Discrimination Lesson the Hard Way
July 6, 2023
A recent EEOC pay discrimination lawsuit (now settled) against the Verona Area School District alleged that 10 female staff members were paid lower wages than their more recently hired male
Musical Misogyny
July 6, 2023
The 9th US Circuit Court of Appeals in San Francisco recently opined that sexually derogatory music can “foster a hostile work environment that constitutes sex discrimination,” vacating a prior decision
Getting Religious About Undue Hardship
April 30, 2023
Gerald Groff, an observant Christian, has sued the United States Postal Service after USPS failed to accommodate his Sabbath observance and give him Sundays off. While USPS does not traditionally
Time to Review Severance Agreements
April 30, 2023
A recent decision by the National Labor Relations Board (“NLRB”) raises new and additional issues with respect to the non-disparagement and confidentiality provisions frequently contained in employee severance agreements. Common
Court Decision Brings New Scrutiny to Handling of FMLA Leave Requests
July 19, 2022
The Seventh Circuit Court of Appeals has held that when an employer discourages an employee from taking Family and Medical Leave Act (FMLA) time off, the employer has violated the
The Great Extinction at IBM
April 21, 2022
A 2018 ProPublica investigation estimated that IBM terminated 20,000+ older workers (40+) in a five-year span. Unsurprisingly, a substantial amount of arbitration and litigation followed. A 2020 Equal Employment Opportunity
Not a Model for the Future
April 21, 2022
A 2017 racial discrimination lawsuit between Tesla and a former employee, Owen Diaz, resulted in a substantial payout to Diaz (recently reduced to $15 million). The same Tesla plant at
Reimbursing Remote Employees – Less Expensive Than the Alternative
April 20, 2022
In a California lawsuit against Amazon, a group of employees allege that Amazon did not reimburse them for work-related expenses incurred while working remotely—a violation of state law. Amazon required