May 2017 Archives

Supreme Court denies writ and lets lower court ruling stand

Tennessee workers might want to take note of the Supreme Court of the United States's denial of a writ of certiorari, allowing the decision of the U.S. Court of Appeals for the 9th Circuit to stand. The case involved a flexible benefits plan offered by the City of San Gabriel, California in which it offered employees cash to select their own medical benefits. They could alternatively choose to accept cash instead of benefits.

10th Circuit rules for employee in sex discrimination case

Tennessee residents may be interested in a case involving a mechanic who claimed that he was fired because he refused to have sex with his female boss. The U.S. Court of Appeals for the 10th Circuit ruled that the Oklahoma trucking company that employed him must face the allegation in court. A lower court had ruled that the man didn't give adequate notice in an Equal Employment Opportunity Commission claim of quid pro quo harassment.

You have a legal right to back pay

We spend endless hours at our jobs, working long days to complete projects or coming in early to get a head start on the day. Our employers trust us to perform our duties to the best of our abilities and we, in turn, trust them to pay us what we have earned. Imagine that after years or loyal service, you realize that your employer has not been paying you for 100 percent of your work. Is there legal action you can take? What options do you have to recover unpaid wages?

Female physicians report high rate of workplace discrimination

Physicians in Tennessee who are also mothers are likely to experience a high rate of discrimination at work connected to being a parent according to a study published in the journal JAMA Internal Medicine. Almost 80 percent of 6,000 respondents to a survey reported some form of discrimination. In about two-thirds of the cases, the reported discrimination was gender-based and in about one-third, it was maternity-based. The survey defined maternal discrimination as relating to breast-feeding, maternity leave or pregnancy.

Single slur might make a hostile work environment

Tennessee employees might be able to file a lawsuit based on a single extreme incident of a workplace slur based on an April 25 decision by the U.S. Court of Appeals for the 2nd Circuit. The court ruled that in some circumstances, this could constitute creating a hostile work environment. An employee representing himself had filed a lawsuit against his employer in a federal district court that granted summary judgment to the employer. However, when the man appealed the decision, the appellate court held that the district court had not sufficiently reviewed the worker's claims.

How worker misconduct can influence discrimination claims

When employers in Tennessee and around the country are accused of letting a worker go because of race, age, gender, religion or national origin, they sometimes argue that the employee concerned should have been fired for misconduct anyway. This is known as an after-acquired evidence defense, and it can save employers money even in situations where discrimination can be proved. Employers generally prepare to mount this kind of defense by interviewing the coworkers of employees who have filed discrimination complaints and studying their work habits, online activities and emails.

7 things that can cause distractions and fatigue

Drivers who suffer from fatigue or who deal with distractions are more likely to get into an accident. These drivers pose a risk to other people who are on the road with them. Crashes can occur that lead to serious injuries. As attorneys who represent people injured by distracted drivers, we offer some tips to keep yourself safe on the road.

Court rules salary history can be used to set new pay

Tennessee workers who may be facing a discriminatory wage disparity may be interested to learn that the U.S. Court of Appeals for the 9th Circuit has ruled that an employee's salary history could be used to set pay. This decision contradicts other appeals court rulings, meaning that the U.S. Supreme Court may need to resolve the issue.

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