The Majority Opinion: Legal Blog

As always, there are some recent EEOC cases that jump out at me when I review recent developments on that front.  Below are a couple EEOC cases and settlements that stand out: United Bible Settles Pregnancy Discrimination Suit for $75,000.00 Recently, a federal judge awarded a pregnancy discrimination victim approximately $75,000.00 in back pay and damages.  The case arose out of a claim that United Bible violated federal law by enforcing an unlawful "no pregnancy in the workplace" policy which prohibited the continued employment of any employee who became pregnant...(yes, really...).  Under the policy, any pregnant applicant who sought a resource technician position was refused the position.   United Bible apparently fired Sharmira Johnson, a resource technician who provided care to residents, once she became pregnant.  Even though United Bible argued the termination was lawful because it was done to ensure Johnson's safety, as well as the sa...

A much shorter week in the office for me than normal.  With having to travel a few days this week for work, I did not have as much time to read on my downtime. With that being said, as always, below are a few articles that caught my eye this week. Caitlyn Jenner & Transgender Workers This is a good article from Eric Meyer on transgender workers and OSHA guidance for employers on restroom access for these workers.  With the recent announcement from Caitlyn Jenner and the subsequent Vanity Fair article, transgender issues have become a more commonly discussed topic.  Eric's article on this one is well worth a review! Ohio Looks to Pass "Ban the Box" Measure I have blogged about "Ban the Box" measures before, well actually, for quite a while now.  I came across this note from Angela Preston on Ohio's recent efforts to pass a "Ban the Box" measure in the state.  One of the better and more comprehensive articles I have come acros...

Runzheimer International, Ltd. v. David Friedlen and Corporate Reimbursement Services, Inc. - Wisconsin Supreme Court Facts :  David Friedlen ("Friedlen") had been an employee of Runzheimer International ("Runzheimer") since 1993 as an at will employee.  However, in 2009, Runzheimer required all employees to sign a restrictive covenant that would prevent the employees form working for competitors for two years after employment with Runzheimer ended.  Friedlen signed the agreement but was subsequently fired two years later.   After consulting with an attorney and being advised the the covenant was unenforceable, Friedlen went to work for a competitor of Runzheimer.  Runzheimer subsequently filed suit against Friedlen and his new employer.  The Milwaukee County Circuit Court Judge who initially heard the matter ruled that the covenant's promise of continued employment was not lawful consideration and therefore ruled that the covenant was unenf...

Recently, Senator Chris Murphy (Connecticut) and Senator Al Franken (Minnesota) introduced a new bill, the Mobility and Opportunity for Vulnerable Employees (MOVE) Act, which would enable low wage workers to seek employment elsewhere, without being restricted by non-compete agreements.  Note, the bill is co-sponsored by fellow Democratic Senators, Elizabeth Warren (Massachusetts) and Richard Blumenthal (Connecticut).    Some readers might have heard of a report late last year that Jimmy John's required their workers to sign non-competes which would prohibit their employees from working for a sandwich competitor for two years following employment at Jimmy John's.  ( Jimmy John's Non-Competes ).  Yes, sadly that is a real story... This proposed MOVE Act would ban the use of non-competes by employers, like Jimmy John's, in relation to employees making less than $15/hour, $31,200/year, or the minimum wage in the employee's municipality, and would require...

Tough to narrow down some of the articles I wanted to post this week.  One of the more interesting reads came from the article about potential issues with off the clock work by non-exempt employees.  This is an issue that could certainly become more prevalent in the coming years, especially with more and more access to work e-mails and databases from smartphones, tablets, etc. As always, below are a few articles that caught my eye this week. Important Deadlines to Keep in Mind For California's Paid Sick Leave Law Another good article from Anthony Zaller; this time in relation to some key deadlines that California employers should keep in mind in regard to California's Paid Sick Leave Law.  While some of the deadlines have already passed, there are a few coming up at the start of July that employers should note.   Workplace Bullying Laws Becoming More Prevalent In US Minding the Workplace has a very well written note on the increasing number of ...

Earlier this week, the Colorado Supreme Court announced its ruling in the highly anticipated Coats v. Dish Network case.  I had pointed this one out to readers last September as one to keep an eye on ( Coats v. Dish Network - Original Post )...sure enough, it took a bit longer than expected, but we finally have a ruling.  Coats v. Dish Network - Colorado Supreme Court Facts :  A quadriplegic man, Brandon Coats, lost his job at Dish Network after he was fired for failing a random drug test as a result of off-the-job medical marijuana use.  Coats claimed that he used marijuana to control muscle spasms that had resulted from a car accident that left him wheelchair bound.  Coats brought suit against Dish and claimed he had been unlawfully terminated, as his marijuana use was legal under Colorado state law and he had never been impaired while on the job. The trial court upheld the termination.  The Colorado Court of Appeals affirmed the trial cou...

Noll v. International Business Machines Corp. - Second Circuit Court of Appeals Facts :  Alfred Noll ("Noll") was a deaf software engineer who sued his employer, IBM, for failure to accommodate him under the Americans with Disabilities Act "ADA".  Noll alleged that IBM refused to offer him real-time translation services for intranet files as an accommodation for his disability.  Instead, IBM provided Noll with on site and remote sign language interpreters who could translate the files for him.  However, Noll apparently did not like using the interpreters because looking back and forth between the video and the interpreter was a "confusing and tiring" process. The U.S. District Court for the Southern District of New York granted summary judgment in favor of IBM on the grounds that IBM reasonably accommodated Noll by providing a sign language interpreter. Holding :  The Second Circuit Court of Appeals noted upfront that under the ADA and New Y...