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The issue of who is a “partner” and thus not an employee continues to vex professional firms.   Layers, doctors, dentists and other professionals often consider themselves non-employees, at least until they suffer an adverse workplace decision.  Then, they may choose to describe their situation as employees, not non-employee owners.  The distinction between employee and “partner”…

The Fifth Circuit recently upheld the dismissal of a lawsuit against an employer who denied an employee’s request to telecommute on the grounds that regular attendance at work is an essential function of her job as a litigation attorney.  Credeur v State of Louisiana, 16-CV-30658 (5th Cir. 2017).  The employer did provide unpaid…

A federal district court granted an employer’s summary judgment motion in light of evidence that employees allegedly not disciplined for similar infractions as the plaintiff included those of the same race and color as the plaintiff..  The Court ruled that the purported inconsistency in enforcement, if any, was not because of the plaintiff’s race or …

In Sims v. America’s Family Dental, LLP, Defendant’s motion to dismiss Plaintiff’s claims under Title VII and the Pregnancy Discrimination Act was denied by a federal district court. 

Plaintiff, a registered dental assistant, alleged that she was demoted and subsequently terminated due to her pregnancy.  Defendant’s motion was denied, in part, because Plaintiff …

In Preeson v. Parkview Medical Center, a federal court in Colorado denied Defendant’s motion for summary dismissal of a claim under the Americans with Disabilities Act (“ADA”).  Plaintiff alleged, in relevant part, that her termination from employment constituted discrimination on account of a disability.  Plaintiff suffered from Cyclic Vomiting Syndrome (“CVS”).  As such, she…

In Crain v. Roseville Rehabilitation and Health Care, the United States District Court for the Central District of Illinois denied an employer’s motion for summary judgment dismissing a claim under the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act.  In Crain, Plaintiff alleged that her employer discriminated against her under the ADA…

An Ohio federal district court recently denied a former employer’s motion for judgment on the pleadings, holding that the plaintiff could proceed with her retaliation claim even though she signed a settlement agreement and general release. Bryant v. Central Community Health Board (Case no. 16cv00620 March 29, 2017).  This case focuses upon what is (and…

In Christiansen v Omnicom Grp., Inc. (Docket No. 16-748), Plaintiff alleged that his supervisor drew a picture of him in tights and a low-cut shirt “prancing around,” and made a poster depicting plaintiff’s head attached to a female body clad in a bikini, which resulted in one co-worker referring to plaintiff as a “submissive …

On March 10, 2017, the Court of Appeals for the Eleventh Circuit in Evans v. Georgia Regional Hospital held that sexual orientation discrimination is not actionable under Title VII.

In Evans, the plaintiff was a security officer at Georgia Regional Hospital.  During her employment, the plaintiff claimed she was discriminated on the basis of…

In Syed v. M-I, LLC, the Ninth Circuit held that including waiver of potential claims language in the same document as the statutorily required Fair Credit and Reporting Act disclosure was a violation of FCRA.  In sum, the Court ruled that the FCRA rights notice cannot be combined with any other notice or agreement.  It…