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Employee’s hostile conduct was objective basis for personality test

Sherman & Howard LLC
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USA
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May 13 2013

An employer lawfully required an employee to undergo a psychiatricpsychological fitness-for-duty examination because of his obstreperous conduct

Warning to Colorado employers: FMLA-expansion bill would be costly and burdensome

Sherman & Howard LLC
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USA
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March 5 2013

The Colorado Legislature is currently considering a number of bills that, if signed into law, would have a serious effect on most employers in the

Lawfully fired employee may claim “chilled” exercise of FMLA rights despite receiving leave

Sherman & Howard LLC
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USA
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March 3 2011

Employers have the duty not to "interfere with" the exercise of any right under the Family and Medical Leave Act

Employer directive that employee get unspecified “counseling” treated as unlawful “medical examination”

Sherman & Howard LLC
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USA
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September 6 2012

Heaven help the misguided employer who instructs an employee to go for unspecified "counseling."

Agreements among employers not to poach others’ employees may result in antitrust liability

Sherman & Howard LLC
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USA
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May 1 2012

A federal court has decided that employees of seven well-known Northern California businesses may proceed with their federal antitrust law claims attacking their employers' alleged conspiracy to fix and suppress employee compensation and to restrict employee mobility

Conditioning light duty assignment for pregnant employee on dismissal of her EEOC charge was retaliation

Sherman & Howard LLC
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USA
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July 9 2012

In a case involving a scenario that was mishandled by the employer in too many ways to count, the Eleventh Circuit Court of Appeals ruled recently that an employer's conversion of an unconditional light duty assignment to a pregnant employee, to an assignment conditioned on her withdrawal of her EEOC charge was a retaliatory act under Title VII

“Reverse discrimination” may be found when white supervisor was fired for violating “zero tolerance” policy, but black employees who violated policy were not

Sherman & Howard LLC
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USA
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September 1 2011

Although "reverse discrimination" claims are not often asserted, and when asserted, are seldom successful, the Eleventh Circuit Court of Appeals recently ruled that such a claim might be viable, when a white supervisor was fired for sending a "Top Ten Reasons Why There are No Black NASCAR Drivers" joke e-mail to others, but two black employees who forwarded a "How to Dance Like a White Guy" video to others were not dismissed

Employee who was harassed for taking FMLA leaves during “blackout period” stated FMLA interference claim, but no individual liability against public employer

Sherman & Howard LLC
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USA
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November 2 2011

According to a new ruling from the New Mexico federal district court, employers may not declare "blackout periods" during which time Family and Medical Leave Act leave requests will be denied or will be judged by stricter standards. Nor may employers harass employees who exercise their rights to take FMLA leaves

Employer’s practice of requiring medical reasons for absence in doctor’s statements violates ADA

Sherman & Howard LLC
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USA
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March 1 2012

An employee (we'll call her Ms. Jones) who missed three days of work presents to you the following doctor's note: "Ms. Jones off work three days, will return next Monday."

“Cat’s paw” evidence insufficient to prove that age was “but for” cause of employee’s layoff

Sherman & Howard LLC
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USA
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March 5 2013

We have reported in past newsletters that, because the Age Discrimination in Employment Act is worded differently from Title VII and other

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