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Please Click HerePosted on February 7, 2006 by Ruder Ware Alumni
By federal law, certain employers are required to develop and maintain an affirmative action plan (AAP). The central premise underlying an AAP is that an employer’s workforce should reflect the gender, racial, and ethnic profile of the labor pools from which the employer recruits and selects. An AAP targets problem areas in the employer’s workforce, […]
Posted on November 11, 2005 by Sara J. Ackermann
On November 8, 2005, the United States Supreme Court unanimously held that the time employees spend walking to and from the production floor after putting on (“donning”) unique protective clothing [1] and gear and before taking off (“doffing”) such gear, as well as time spent waiting to take off such gear, is compensable under the […]
Posted on October 31, 2005 by Ruder Ware Alumni
In a recent case, the Wisconsin Court of Appeals found that an employer violated the Wisconsin Fair Employment Act (“WFEA”) when it terminated an employee without sufficient evidence to support the “valid safety” defense. The plaintiff, Leon Szleszinski, was a truck driver who had been previously diagnosed with Wilson’s disease. Wilson’s disease is a disorder […]
Posted on October 24, 2005 by Sara J. Ackermann
The Office of Federal Contract Compliance Programs (“OFCCP”) has issued its final regulations regarding recordkeeping requirements for Internet applicants. Federal Register, Vol. 70, No. 194 (Oct. 7, 2005). The following is an outline of the new regulations. If you have questions or concerns about how these new regulations affect your current recordkeeping practices, please contact […]
Posted on September 22, 2005 by Sara J. Ackermann
On September 7, 2005, the United States Court of Appeals for the Seventh Circuit affirmed a district court decision that had awarded $175,000 to a Hispanic woman who claimed she was wrongfully denied a promotion by the City of Chicago. Deloughery v. City of Chicago, No. 02 C 2722 (7th Cir. Sept. 7, 2005). Delores […]
Posted on June 9, 2005 by Sara J. Ackermann
In a recent decision, the Wisconsin Labor and Industry Review Commission (LIRC) expressly rejected the Faragher/Ellerth defense that the Supreme Court articulated for employers in its infamous 1998 decisions. In Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), the United States Supreme […]
Posted on May 19, 2005 by Ruder Ware Alumni
The First Amendment of the United States Constitution provides that “Congress shall make no law … abridging the freedom of speech.” Inherent in the right of free speech is the right to criticize the government for the actions that effect its citizens. But what if you work for the government? Is public criticism of a […]
Posted on May 12, 2005 by Sara J. Ackermann
Rhonda Moser sued her employer for sexual harassment. In her claim, she alleged a male co-worker “harassed” her, and she cited several specific examples of his behavior. Specifically, she alleged that her co-worker: talked “down to her;” made reference to her “tits;” told other male co-workers to “watch out because Ms. Moser likes good-looking men;” […]
Posted on April 4, 2005 by Ruder Ware Alumni
In a 5-4 decision, the U.S. Supreme Court recently held in Jackson v. Birmingham Board of Education that Title IX’s private right of action encompasses claims of retaliation against an individual that complained about sex discrimination. Roderick Jackson (“Jackson”), a teacher and girls basketball coach in the Birmingham, Alabama Public Schools, complained to his supervisors […]
Posted on April 1, 2005 by Sara J. Ackermann
Consider the following scenario: due to a recent decline in sales, your company is forced to layoff several of its employees. Two of the older employees affected by the layoff, John Jones and Jane Smith, threaten to sue your company for discrimination in violation of the Age Discrimination in Employment Act (“ADEA”). Both employees are […]