Last month the U.S. Supreme Court heard oral arguments on whether existing federal law prohibits employment discrimination on the basis of sexual orientation. Although 22 states including Iowa have laws that forbid sexual orientation discrimination on the job, federal law does not offer the same protection. The Court is being asked to decide, once and… Read More »
Employment Discrimination in Targeted Social Media Job Ads
Employment discrimination in the digital age is on the rise with some companies engaging in discriminatory practices in advertising of job opportunities by targeting job adverting to a limited online audience. In fact, a group of recent EEOC rulings found reasonable cause to conclude that more than a handful of employers have used social media… Read More »
Fired After Seeking Drug or Alcohol Treatment
Many employees avoid seeking treatment for drug or alcohol addiction because they are afraid of losing their jobs or that they will be subject to other adverse employment actions. However, it is important to understand that your choice to get help is protected by various laws and acts that provide a measure of job security… Read More »
Marijuana Impairment at Work in the Age of Legalization
With Illinois set to legalize recreational marijuana use January 1, 2020, a whole host of worker safety issues and potential workers’ compensation claims come into play as do potential employment law issues as employers grapple with how to handle potentially impaired employees and what consequences will follow – all within the framework of Illinois and… Read More »
Supreme Court Weighs Transgender and Sexual Orientation Discrimination
A transgender woman’s wrongful termination case is among three cases that the U.S. Supreme Court has agreed to hear to tackle the question of whether federal anti-discrimination laws, specifically Title VII of the Civil Rights Act of 1964, applies to employees based on gender identity or sexual orientation. The details of the wrongful termination case… Read More »
Restricting Non Compete Agreements for Hourly Workers
The Freedom to Compete Act seeks to prevent employers from forcing hourly workers to sign non-compete agreements, which make it next to impossible to switch jobs in hopes of earning a higher wage. More than 10 percent of workers who earn less than $40,000 annually are locked into a non-compete agreements nationwide, stifling their ability… Read More »
Employer Retaliation Wrongful Termination
Repetitive stress injuries such as carpal tunnel syndrome, a back injury, or other conditions that result from performing the duties of a job sometimes require medical attention and days off from work to resolve the injury. Unfortunately, an employee may experience retaliation including wrongful termination when they file a workers’ compensation claim to take care… Read More »
Pregnancy Discrimination and FMLA Violations in the Workplace
An employee who claimed she was fired after becoming pregnant has settled her claim with Humana Inc. to the tune of $500K plus $250K in attorney fees. This, after a U.S. District judge in New Jersey entered a judgement in favor of the plaintiff who sued her former employer and its parent company, Humana Inc.,… Read More »
When Denied FMLA is the Employer’s Problem – 5 Common Mistakes
FMLA Interference Claims If you have been denied FMLA, you may have a claim for interference. Whether the employer intended to deny FMLA or not, they may still be liable for an FMLA interference claim if you can prove that you are indeed entitled to the FMLA benefit denied. The onus is on the employer… Read More »
Fired After Taking Drug and Alcohol Test
If you have been fired due to a positive drug or alcohol test, you may feel that your legal rights were violated. Although generally speaking an Iowa employer has the right to test an employee for substance abuse, they also have certain responsibilities they must fulfill prior to administering a drug or alcohol test. What… Read More »