An interesting case recently came to our attention. It isn't from Wisconsin, but it illustrates how tricky retaliation claims can be.A female employee received a promotion to team leader at work, but she was surprised to find that the pay raise that she believed would...
Month: July 2012
Employee says district fired her after back injury kept her at home
A former executive assistant to a school superintendent claims that she was wrongfully terminated after injuring her back at work. She worked in the district for 20 years before she was fired in 2009.After back surgery in 2006 and non-work related back injuries the...
Owner of 25 Wisconsin McDonald’s settles sexual harassment claim
The owner of 25 McDonald's franchises in Wisconsin is settling a federal class action lawsuit for sexual harassment. The U.S. Equal Employment Opportunity Commission is suing on behalf of 10 female employees.The EEOC claims that improper sexual conduct took place in...
EEOC case settles; company pays for discrimination in hiring
When we hear the word "disability," we tend to think of disabilities that are obvious. We know that a person in a wheelchair or a person with a white cane has a disability. There are, though, less obvious types of disability that we may not notice right away: mood...
Duty to Accommodate
A newspaper recently agreed to pay a disabled employee $150,000 to settle a disability discrimination lawsuit. A commercial print manager for the Jackson Sun took a medical leave of absence from work related to a spinal surgery and subsequent permanent spinal cord...
Fired library director claims ADA violation and age discrimination
Working with the Equal Employment Opportunity Commission, a former library services director has filed a lawsuit against her employer after being fired in alleged violation of the Americans with Disabilities Act and age discrimination laws. After working at a county...
Circuits come closer on ‘motivating factor’ test in ADA cases p3
We are wrapping up our discussion of a 6th Circuit Court of Appeals decision that the majority said would bring the circuit into line with the other federal appeals courts. It will not, according to critics. The decision adds another variation to the interpretation of...
Circuits come closer on ‘motivating factor’ test in ADA cases p2
We are continuing our discussion of a 6th U.S. Circuit Court of Appeals decision. A woman claimed that her former employer fired her at least in part because her medical condition required her to use a wheelchair. A decision like that would have been a violation of...
Circuits come closer on ‘motivating factor’ test in ADA cases
When the federal circuit courts of appeal disagree on the interpretation of a federal law, a couple of things can happen. At times, the U.S. Supreme Court can settle the matter by hearing a case and rendering a decision. Another possibility is that the circuits can...
Friends and Family Lend Helping Hand for Disability benefits
During an application for Social Security Disability benefits, family and friends can lend a helping hand by providing supporting evidence at various stages. The first is completing a Function Report - Adult - Third Party. This is a form sent by Social Security asking...