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Employment Law Archives

Appeals court reverses pregnancy discrimination verdict

In the modern workplace, discrimination is much more subtle than its earlier forms. An illegal form of employment discrimination that Wisconsin women sometimes face today is pregnancy discrimination. These cases can be difficult to prove because employers will generally list a non-discriminatory business reason for firing or refusing to hire a pregnant woman.

Black Friday strikes call attention to employee rights

Those who ventured out shopping in the early morning hours today, or late night hours Thursday, may have run into a picket line or protest at their local Walmart. In fact, even people in Milwaukee who opted to stay at home and skip the Black Friday frenzy may have received wind about the scattered strikes and demonstrations outside of the some of the big box retailer's stores. It has now been reported that the protests did not affect Walmart's bottom line much, however the media coverage of the events has shined a spotlight on several employment law issues.

Comfort Inn franchise accused of pregnancy discrimination

While many pregnant women in Wisconsin may be aware that they have a right to maternity leave under the Family Medical Leave Act, they may not be aware that they also have certain rights in the workplace before the birth of the child. Under federal law, specifically the Pregnancy Discrimination Act, employers may not discriminate against female employees on the basis of pregnancy.

Milwaukee age discrimination suit settles for $32K

In April, 2010, a 62-year-old Wisconsin woman was fired from Computer Systems, LLC, in Milwaukee. The woman had worked loyally for the company for 38 years before she was suddenly replaced by a younger employee who she had just finished training. Last month, the now defunct computer company settled an age discrimination lawsuit filed by the former employee for $32,500.

Home Depot Settles Disability Discrimination Lawsuit for $100,000

home depot pic.jpgHome Depot, the world's largest home improvement retailer, recently settled a disability discrimination lawsuit, filed by the EEOC on behalf of a worker, for $100,000. Judy Henderson, who worked for the home improvement chain as a cashier for 13 years, requested permission to take an unpaid leave of absence to attend cancer treatments. The EEOC alleged that while Home Depot granted the leave, it later advised Ms. Henderson that if she did not advise the company of her status during the leave it would terminate her employment. Ms. Henderson provided medical notes confirming her return to work date. Nonetheless, Home Depot fired her claiming an alleged lack of work. However, the EEOC noted that in the past Home Depot used temporary lay offs when there was a lack of work and the company even hired two cashiers after Ms. Henderson submitted her medical documentation. According to an EEOC press release, the Home Depot's excuse for termination "was but a subterfuge for disability discrimination." EEOC regional attorney, Debra M. Lawrence stated, "it flies in the face of common sense and common decency to refuse to work with an employee who is battling cancer."

Wisconsin Boy Scouts won't get the 'discrimination badge'

The Boy Scouts of America has not wavered in its position on lesbian, gay, bisexual and transgender scouts and leaders: The LGBT community is not welcome. Scouts and troop leaders of a local council in the Northeast announced recently that they are joining Wisconsin's Northern Star Council in following their own consciences -- and the law.

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.

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 damage.  Following his return to work, and after only one week back on the job, the print manager was fired.  An EEOC press release alleges that Jackson Sun did not make a good-faith effort to accommodate the print manager's disability.

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