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June 2017 Archives

Federal appeals courts divided on age discrimination

Older workers know that age discrimination is a real issue in the workplace, but federal appeals courts throughout the country have been unclear about how to interpret certain aspects the Age Discrimination in Employment Act. The U.S. Court of Appeals for the 9th Circuit which has jurisdiction over California ruled in a June case that protection extends to employees of public entities regardless of the number of people employed.

Employee blames termination on retaliation for online review

The ability of disgruntled employees in California to vent online about their employers has raised legal questions about lawful and unlawful retaliation. A former employee of IXL Learning Inc. filed two complaints through the National Labor Relations Board and the Equal Employment Opportunity Commission alleging wrongful termination due to retaliation.

Gender identity disorder conditions may be protected by ADA

California employees who have conditions related to gender identity disorder might be protected under the Americans with Disabilities Act according to a federal court ruling. A woman had filed claims of retaliation and disability discrimination against her employer. She said that her gender dysphoria limited some of her life activities, but her employer argued that this was not covered under the ADA. The woman said that her rights to equal protection under the Constitution had been violated.

Constructive dismissal in employment discrimination cases

Workers in California and around the country who are subjected to discrimination may file claims under Title VII of the 1964 Civil Rights Act, but they are expected to mitigate their damages by remaining in their jobs whenever possible. However, there are situations where workplace environments become so toxic that the courts have allowed workers to collect damages including back pay even though they resigned. According to a 2004 Supreme Court ruling, the constructive discharge doctrine applies when working conditions are so unbearable that any reasonable person would hand in their resignation.

Appeals court sides with nursing assistants in overtime claim

California employees who are subject to a collective bargaining agreement could still have protection under the Fair Labor Standards Act. A ruling from the U.S. Court of Appeals for the 3rd Circuit highlighted the protections applied by the FLSA in a dispute between certified nursing assistants and a nursing facility regarding overtime pay and unpaid breaks.

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