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Employment Law

Manager’s insubordination wins protection

08/01/2001
Jane Foster had a tough decision: Follow the Americans with Disabilities Act (ADA) or follow her boss’s orders. She went with the ADA and got fired. But a court has ruled …

Poorly drafted policies grant unintended rights

08/01/2001
Dr. Tina Thomas, an optometrist with Pearle Vision Inc., requested maternity leave under the Family and Medical Leave Act (FMLA). After all, a summary of employee benefits said “all employees with …

Worker who can’t perform her job isn’t entitled to intermittent leave

08/01/2001
While Minnie Hatchett was on a business trip, a hotel skylight crashed down on her head. As a result of her injuries, she could perform routine work, such as answering phones …

Splitting hairs: When is a no-beard policy illegal?

08/01/2001
Two recent court cases help draw the boundaries on how far you can go with a razor. Federal Express recently settled a lawsuit involving its no-beard policy and a Muslim …

Employees in ‘unique’ jobs can use broad comparisons to show pay bias

08/01/2001
Nancy Kroh successfully sued for gender discrimination, claiming her male colleagues were treated more favorably. But on appeal, the court tossed the award out. The com-pany convinced the appeals court that …

Simple hearsay about harassment doesn’t create hostile environment

08/01/2001
When Diane Leibovitz heard that two employees of the New York City Transit Authority had been harassed, she claimed that made her a victim of a hostile environment and filed …

Cost-sharing can cost you in arbitration agreements

08/01/2001
To get a job as an airport security agent, Damiana Perez had to agree to arbitrate all employment disputes. The agreement required her and the company to split the costs of …

Disabled worker isn’t entitled to work-at-home accommodation

08/01/2001
Lynn Heaser blamed the air quality in her office at Toro for her health problems, which were diagnosed as everything from allergies to chemical sensitivities. She asked to work from …

Don’t ignore minority-on-minority harassment

08/01/2001
Steven Bell worked at a state prison with a co-worker who often hurled racial epithets at him, calling him “cracker” and “white boy.” Bell is Filipino and his harasser is …

Partial-week suspensions can strip workers’ exempt status

08/01/2001
Los Angeles and its Department of Water and Power occasionally suspended salaried employees without pay, and now it may have to pony up overtime for groups of employees. The …