Under federal employment discrimination laws, applicants and employees are protected from employment discrimination based on national origin. National origin discrimination involves treating applicants or employees unfavorably because they are from a particular country or area of the world; due to their ethnicity or accent; or because they appear to be of a certain ethnicity. National origin discrimination can also involve treating someone unfairly because they are married to or an … [Read more...]
Complaints of Employment Discrimination Plague Diversity Programs
A proposed class action lawsuit has been filed against the largest U.S. newspaper publisher, Gannet Co Inc., by employees alleging they were fired or passed over for promotion to elevate less qualified women and minorities. Plaintiffs claim that the company's efforts to diversify newsrooms has led to discrimination against white workers. According to the complaint, a policy announced in 2020 revealed the publisher’s push to transform newsrooms to reflect the demographics of the … [Read more...]
Supreme Court Rules on Workplace Religious Accommodations
In a recent case regarding religious accommodations in the workplace, the U.S. Supreme Court unanimously ruled that a lower court applied the wrong standard after siding with an employer who denied an employee’s request not to work on Sunday Sabbaths. Employment discrimination laws prohibit religious discrimination to include religious beliefs and practices. The statute requires employers to accommodate an employee’s religious practice as long as it does not pose undue hardship on the … [Read more...]
Retaliation in the Workplace
Retaliation in the workplace is an adverse employment action often taken against an employee after they report unlawful practices, serve as a witness to support a claim of unlawful behavior, or assist or participate in an investigation, grievance proceeding, or hearing regarding unlawful activity in the workplace including workplace discrimination. For example, an employee that reports illegal activity in the workplace such as sexual harassment may be subject to retaliation for reporting the … [Read more...]
Terminating a Physician Employment Agreement
Doctors considering a change in employment must look to their employment contract signed at hiring to determine what, if any, guidelines or restrictions exist when terminating employment. A physician employment agreement (PEA) often contains a termination clause regarding what steps are necessary to terminate employment: a non-competition agreement stating any limitations on where a physician can work and; any repayment obligations a physician will have related to hiring bonuses and … [Read more...]
Wisconsin Fair Employment Act : Discrimination in Employment
Employers are prohibited from discriminating against certain protected classes of workers including refusing to hire, terminating employment, or taking other adverse employment actions based on the protected class. The law further prohibits harassment or retaliation against the same protected classes in the workplace. Under the Wisconsin Fair Employment Act (WFEA), discrimination or harassment is unlawful if it is based on age (Over 40); arrest or conviction records; race; national origin, … [Read more...]
Protections Against Workplace Pregnancy Discrimination
Pregnancy discrimination is pervasive in workplaces across the nation and various laws have been enacted to protect against unfair treatment on the job. Recently, the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers, or PUMP Act, were signed into law, imposing new federal requirements on employers with respect to workplace accommodations related to pregnancy, childbirth, and nursing moms. The PWFA provides employees who have conditions … [Read more...]
FMLA Eligibility for Remote Workers
The pandemic saw more employees working from home, and even now in 2023, there are still a large number of workers across the nation who continue to work remotely. Recently, the Department of Labor (DOL) issued guidance regarding how to apply Family and Medical Leave Act (FMLA) eligibility rules for employees working from home given the continued trend in remote work and telecommuting. Remote Workers Eligibility for FMLA Leave Eligibility for FMLA requires employment at a worksite with 50 … [Read more...]
Employment Discrimination Arrests & Convictions
The Wisconsin Fair Employment Act (WFEA) prohibits employers, employment agencies, labor unions, and licensing agencies from discriminating against employees and job applicants because of age; ancestry, color, national origin or race; creed; disability; genetic testing; marital status; military service; sex, sexual orientation, pregnancy and childbirth; other protected classes. For job candidates or employees with an arrest or conviction record, the Wisconsin Fair Employment Act goes further to … [Read more...]
Denied FMLA and FMLA Retaliation Claims
The Family Medical Leave Act (FMLA) provides covered employees the right to take unpaid leave for specific family and medical reasons with the continuation of group health insurance coverage. The FMLA entitles eligible employees to take 12 weeks of job protected, unpaid leave within a 12 month period: An employee must provide a 30 day notice of the need for FMLA leave if the need is foreseeable such as the birth or placement of a child or leave for an upcoming surgery. If … [Read more...]
