In a Harris Poll survey a few years ago, researchers found that 20% of hiring managers have asked unlawful questions in interviews. They asked these unlawful questions not realizing at the time that such questions could lead to legal liability. CareerBuilder commissioned the survey. A CareerBuilder representative said an interviewee who is asked these sorts
Employer Must Pay for a Medical Exam
The Americans with Disabilities Act provides that a person is entitled to an accommodation if needed. But, sometimes the need for accommodation is not so apparent. Back injuries are notorious for being unpredictable. Russell Holt applied for a job with BNSF railway. He received a job offer conditional on passing a physical exam. Mr. Holt
Eleventh Circuit Overturns Summary Judgment
The Eleventh Circuit recently overturned summary judgment in a discrimination case. In Vinson v. Koch Foods, No. 17-10075 (11th Cir. 5/23/2018), the plaintiff sued for discrimination based on her national origin, Puerto Rican and based on race. She had worked for the employer a couple of years in Human Resources as a clerk and
Less than 15 Employees = Freedom to Discriminate
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex, color, religion, race, and national (ethnic) origin. Other statutes prohibit discrimination based on age and disability. But, the statute does not apply to all businesses. An employer must have 15 or more employees for Title VII to apply. For the Age
Whataburger Sued for Discrimination
The Equal Employment Opportunity Commission has sued a local icon, Whataburger. The Tallahassee Whataburger, the EEOC alleges, harassed a manager after she refused to hire only white people. The EEOC claims the General Manager told the assistant manager to only interview people with “white sounding” names. Vanessa Burrous, instead, hired seven black employees and one
Employees Cannot Sue Laboratory for Drug Test Error
Many employers require drug tests for their employees. What happens when the drug testing laboratory commits an error regarding the test? Failing a drug test can result in termination. That is what happened in Exxon Mobil Corp. v. Rincones, 520 S.W.3d 572 (Tex. 2017). The employer had a random drug testing program. Exxon Mobil
Toughest Sheriff Would Accept Pardon
The toughest sheriff in America is dropping hints that he would like a pardon from the President. Former Sheriff Joe Arpaio told the Arizona Republic that he would accept a pardon from Pres. Trump. See Politico news report here. I recently wrote about the court finding him guilty of contempt here. He says
Fifth Circuit Discounts Inconsistent Explanation
It is a strange ruling in Alkhwaldeh v. Dow Chemical Company, 851 F.3d 422 (5th Cir. 2017). The three judge panel consistently refers to Mr. Alkhwaldeh by his first name, Ammar, not by his last name. The opinion also recognizes that the employer provided inconsistent explanations for the termination, but disregards those inconsistencies. Dow
Toughest Sheriff Goes on Trial for Contempt
Sherrif Joe Arpaio, the self-styled “toughest” sheriff in the country, is going on trial. He had been warned not to detain immigrants just because they lacked legal status. The order came from U.S. District Judge Murray Snow after the deputies had detained several Mexican-American citizens and Mexicans here on lawful visas. Sheriff Joe, the toughest
Lawsuit against Statute Targeting Immigrants
The state legislature passed a bill last month that allows law enforcement officers to question persons about their citizenship. In Texas, most law enforcement agencies do not question witnesses or persons stopped about their citizenship. The fear is such questions would hinder gathering information about crimes. The new statute would also punish heads of law