The U.S. District Court for the Middle District of Pennsylvania recently re-visited a case on remand from the Third Circuit, and allowed an insurance company employee’s claims of FMLA interference and retaliation to go forward. Erdman v. Nationwide Insurance Co., M.D. Pa., No. 1:05-cv-0944, 1/15/10. The case is noteworthy on more than one point: first
January 2010
Adverse employment action based on gender-related non-conforming behavior and appearance is impermissible.
By Maria Danaher on
Under Title VII, an unlawful employment practice is established when an employee demonstrates that gender is a motivating factor for an adverse employment action. Under that analysis, the 8th U.S. Circuit Court of Appeals has upheld the Title VII claims of a female hotel desk clerk who was fired after a company decision-maker complained that…
Non-disabled individual can support claim of “improper medical inquiry” under the ADA.
By Maria Danaher on
Posted in Pre-employment inquiries
The Americans with Disabilities Act makes it illegal for employers to discriminate against disabled individuals. To that end, the Act includes a provision that, prior to an actual offer of employment, an employer “shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with …
To support religious discrimination claim, employee must show that she met performance expectations.
By Maria Danaher on
Posted in Religious discrimination, Title VII
A former editorial writer for the Indianapolis Star who claimed that she lost her job because of her “traditional” Christian beliefs regarding homosexuality was unable to support claims of religious discrimination under Title VII, because she could not show that she met the legitimate business expectations of her employer. Patterson v. Indiana Newspapers, Inc., 7th…
FTC guidelines may create company liability for employees’ online endorsements.
By Maria Danaher on
Posted in FTC (Federal Trade Commission
In October 2009, the Federal Trade Commission (FTC) issued final guidelines, which became effective on December 1, 2009, regarding the use of “endorsements and testimonials” in advertising. “Guides Concerning the Use of Endorsements and Testimonials in Advertising,” 16 CFR Part 255. Under those guidelines, employees who use social media like blogs or Facebook to make…