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News for May 20, 2013Featured this week:
In state law news:
Featured this week:Chrysler's efforts to stop years of harassment and death threats did not preclude HWE liability, but was enough to avoid punitive damages; $3.5 million jury verdict vacatedThe Seventh Circuit vacated a $3.5 million jury award of punitive damages to a Chrysler employee who asserted that the company acted with reckless disregard in allowing him to be the continued target of racist, xenophobic, homophobic, and anti-Semitic graffiti, vandalism, and death threats (May v Chrysler Group, LLC, 7thCir, May 14, 2013, per curiam). Reversing its prior ruling on rehearing, the appeals court affirmed the district court's judgment, ruling that while the company could have done more to prevent the ongoing harassment, its response was sufficient as a matter of law to avoid punitive damages liability. Though physically fit after stroke, lingering cognitive problems interfered with officer's performance of essential job functionsEven though a patrol officer could physically perform his job duties after returning from a stroke, his employer did not violate the ADA when it terminated him due to concerns about the stroke's lingering psychological effects on the deputy, the Tenth Circuit ruled in affirming a lower court's grant of summary judgment to the employer (Koessel v Sublette County Sheriff's Dep't, 10thCir, May 14, 2013, Tymkovich, T). FBI applicant who repeatedly failed fitness test proceeds on retaliation claim where EEO counselor dissuaded her; sex bias claim failsAlthough a female FBI applicant's unsupported belief that she was discriminated against when she received failing scores on a physical fitness test was not enough to survive summary judgment on her Title VII gender bias claim, a federal district court in Alabama denied the Attorney General's motion with respect to her retaliation claim (Wallace v Holder, NDAla, May 10, 2013, Hopkins, V). Noting that it was possible to show retaliatory intent without fully complying with the McDonnell Douglas framework, the court found disputed issues of fact concerning whether an EEO counselor tried to dissuade the applicant from pursuing her complaint by stating it would label her a "troublemaker" and by suggesting she should not be a "martyr." Medical center not required to shift, delay job duties to accommodate Seventh Day Adventist applicant's observance of SabbathA Seventh Day Adventist applicant, whose job offer was rescinded after she disclosed that she could not work from sundown on Friday through sundown on Saturday, failed to survive summary judgment on her Title VII religious bias claims, a federal district court in Arkansas ruled (Brown v Hot Springs Nat'l Park Hosp Holdings, LLC dba National Park Med Ctr, EDArk, May 13, 2013, Wright, S). The applicant failed to establish that she was qualified for the position or to dispute that accommodating her religious beliefs, by shifting her duties to other employees, would have a detrimental effect on the center's operations and thus would constitute an undue hardship. EEOC revises publications on specific impairments: cancer, diabetes, epilepsy, and intellectual disabilitiesFour revised Question and Answer documents on how the ADA applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities have been posted on the EEOC's website, the agency announced May 15. Consumer prices fall 0.4% in April as gasoline declines again, BLS reportsThe Consumer Price Index for All Urban Consumers (CPI-U) decreased 0.4 percent in April on a seasonally adjusted basis, the U.S. Bureau of Labor Statistics reported May 16. Over the last 12 months, the all items index increased 1.1 percent before seasonal adjustment. Real average hourly earnings rises 0.5% from March to April, BLS reportsReal average hourly earnings for all employees increased 0.5 percent from March to April, seasonally adjusted, the U.S. Bureau of Labor Statistics reported May 16. This result stems from an increase of 0.2 percent in average hourly earnings combined with a decrease of 0.4 percent in the Consumer Price Index for All Urban Consumers (CPI-U). In state law news:Minnesota legalizes same-sex marriageOn May 14, 2013, Minnesota Governor Mark Dayton signed into law HF 1054, making Minnesota the 12th state, in addition to the District of Columbia, to permit same-sex marriages. The law goes into effect August 1, 2013. Colorado governor signs employee password privacy protection billGov. John Hickenlooper on Saturday, May 11, signed legislation that bars employers from requesting social media password information from employees or job applicants, making Colorado the latest state to enact such protections. Philadelphia becomes first to offer Equality Tax Credit expanding LGBT rightsIn a first for the nation, Philadelphia Mayor Michael A. Nutter signed legislation May 9, 2013, that provides an "Equality Tax Credit" to employers who offer health benefits to same-sex couples, life partners and transgender employees. Among other things, the legislation also offers transgender-inclusive healthcare to city employees. You are subscribed to NetNews, sponsored by Wolters Kluwer Law & Business. Click here to unsubscribe. To manage your newsletter preferences or subscribe, click here. To unsubscribe via postal mail, please contact us at: Wolters Kluwer Law & Business, Attn: Business Compliance Marketing, 2700 Lake Cook Rd., Riverwoods, IL 60015. Please include the email address you have been contacted with |
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