Because, really, there’s no detail too small for the government to regulate (via Virginia Postrel). More: Coyote.
Posts Tagged ‘workplace’
“Bus driver who refused to take women to Planned Parenthood gets $21K in settlement”
When an employee decides he doesn’t feel like fulfilling his job requirements, you might need to accommodate him, or be prepared to pay. [Steven Kreytak, Austin American-Statesman]
“Has the ADA swallowed the FMLA for employee medical leaves?”
Under the banner of combating discrimination against the disabled, Congress and the EEOC may together have quietly instituted a fairly momentous extension of the regime of federally mandated workplace benefits — in particular, imposing on even very small employers a new obligation to hold the jobs of employees taking some kinds of leave. [Hyman]
Supreme Court to consider scope of ministerial exemption
The so-called ministerial exemption to workplace anti-discrimination laws is not very popular in some quarters of legal academia. Were the courts not to recognize a strong exemption of this sort, however, churches and congregations might be forced to employ teachers or even ministers who hew to doctrines they regard as erroneous or sinful, courts would be thrust into intrusive inquiries as to competing claims of fealty to religious doctrine, and the sorts of court orders often issued to bind the conduct of conventional employers might obstruct believers’ freedom to organize church institutions as they see fit. Now the Supreme Court for the first time has agreed to hear a case construing the scope of the ministerial exemption. As public debate proceeds, some might even wind up concluding that the legitimate liberty interest in freedom of association is so important that non-religious organizations should enjoy it too. [Rick Garnett and Chris Lund, PrawfsBlawg]
“Why Workplace Bullying Should Be Legal”
Evil HR Lady is being eeeevil again.
Charlie Sheen sues Warner Brothers
We can’t really add much to the month’s most over-publicized story, which has now graduated to allegations of disability discrimination and California labor code violations as well as contract breach [NLJ, ABA Journal], but we can refer you to the analysis of Jon Hyman, Daniel Schwartz, Christine Hurt, and David Boaz.
UK employment law: “Murderer loses unfair sacking claim”
“A man convicted of murder has lost his employment tribunal case against Royal Mail which he claimed had breached his human rights when it sacked him. … he claimed he had been sacked prematurely because he was not found guilty of the offence until June.” [The Independent (U.K.)]
Wife: city improperly demoted hubby for dating subordinate
California: “The wife of a Roseville city employee has filed a $3.9 million claim against the city alleging it improperly demoted her soon-to-be ex-husband for his extramarital interoffice romance.” [Sacramento Bee]
Canada: “fatally flawed” human rights proceedings
They trampled an Ontario businesswoman’s rights, a higher court finds. Maxcine Telfer of Mississauga, Ont., “whose home was ordered seized to pay an Ontario Human Rights Tribunal award to a former employee[,] can keep her house — for now.” [Toronto Star]
Uh-oh: “Telecommuting: The Next Wave of Wage and Hour Litigation”
Such is the theme of a legal audio conference. The wave-after-next of employment litigation, presumably, consists of suits by workers infuriated because their employers have curtailed permission for telecommuting on advice of HR lawyers trying to avoid the wage-and-hour suits.