New York Employment Attorney Blog
The Americans with Disabilities Act (“ADA”) requires that employers consider possible reasonable accommodations that would permit disabled employees to perform the essential functions of their jobs. According to to the ADA, a reasonable accommodation could include a reassignment to a vacant position. In Equal Employment Opportunity Commission v. United Airlines, Inc. (No. 11-1774), the United States Court of Appeals for the Seventh Circuit considered United Airlines’ guidelines for transferring employees in light of the ADA’s requirements. United Airlines’ guidelines specified that its employee transfer process was competitive, so that an employee in need of accommodation would not be automatically assigned to a vacant position, but would be given preference over similarly situated applicants. The Equal Employment Opportunity Commission (“EEOC”) challenged the policy under the ADA. Although the district court ruled in United Airlines’ favor, the Seventh Circuit reversed and held that the ADA does, in fact, mandate that an employer reassign employees with disabilities to vacant positions for which they are qualified, provided that the such accommodations would be ordinarily reasonable and not present an undue hardship to that employer.
Articles Posted in Employment Discrimination
New York School Principal Files Discrimination Complaint
Middle School Principal Katherine Mulderig filed a sexual discrimination complaint in March 2011 with the Equal Employment Opportunity Commission (EEOC), alleging that Lake Placid, New York School Superintendant, Dr. Randy Richards, made sexually discriminatory comments to her while proposing a job change. Ms. Mulderig plans to file a civil action in federal court in early 2012, based upon the sexual discrimination allegations asserted in her EEOC Charge of Discrimination. According to press reports, Mr. Richards told Ms. Mulderig in February 2011 that he wanted her to switch from middle school principal to elementary school principal because he wanted someone “bitchier to govern the bitchy” female teachers in the school. See Principal Files Discrimination Complaint.
U.S. Department of Labor Releases Fact Sheets on Retaliation
Today, the U.S. Department of Labor Wage and Hour Division released three new fact sheets addressing the topic of retaliation under the Fair Labor Standards Act (FLSA), Family Medical Leave Act (FMLA), and Migrant and Seasonal Agricultural Worker Protection Act (MSPA).
Each of these statutes contain provisions prohibiting an employer from retaliating against an employee for asserting rights covered by each of the statutes.
Fact Sheet #77A, Prohibiting Retaliation Under the FLSA, provides general information concerning the FLSA’s prohibition of retaliating against any employee who has filed a complaint or cooperated in an investigation and is available on the WHD website at http://www.dol.gov/whd/regs/compliance/whdfs77a.htm.
Former Police Officer prevails in Unlawful Retaliation and Discrimination Case
A former Long Island, New York police lieutenant was awarded $350,000 in damages by a jury in her lawsuit filed in the United States District Court for the Eastern District of New York. Sherry Hines was employed by the Village of Hempstead, New York, as a police officer. During her employment, she filed sex and race discrimination complaints. Ultimately, she was passed over for promotions and ultimately demoted to a desk job in retaliation for her complaints.
The Eastern District of New York jury found in her favor after a four day trial, which concluded on October 6, 2011.
EEOC Sues Ford Motor Company For Disability Discrimination
On August 26, 2011, the United States Equal Employment Opportunity Commission (“EEOC”) filed a civil action against Ford Motor Company on behalf of a former employee, alleging that the company failed to provide a reasonable accommodation to the employee and ultimately fired her because of her disability.
The company maintained a telecommuting program for its employees. When the employee, Jane Harris, attempted to avail herself of the program as a result of her gastro-intestinal condition, the company refused her request. Thereafter, the company began criticizing her performance, placed her on a performance plan, and fired her after she complained that the company had failed to accommodate her medical condition.
New York Federal Court Rejects Classwide Discrimination Case Against Bloomberg L.P.
In Equal Employment Opportunity Commission v. Bloomberg L.P., No. 07 Civ. 8383 (S.D.N.Y. August 16, 2011), Judge Loretta Preska of the United States District Court for the Southern District of New York, dismissed a claim asserted by the Equal Employment Opportunity Commission (“EEOC”) on behalf of 78 claimants alleging that Bloomberg L.P. engaged in a “pattern or practice” of discrimination on the basis of pregnancy and sex. Judge Preska found insufficient evidence to support the EEOC’s position that Bloomberg L.P.’s standard operating procedure included pregnancy discrimination.
New York City Council Passes Bill Strengthening Protections Against Religious Discrimination in Employment
This week, the New York City Council unanimously passed a bill providing greater religious-based protections to employees working in New York City. The bill was prompted by New York City Police Department rules that prohibited Sikh police officers from wearing turbans, which is required by their religion. Nevertheless, the bill, which is referred to as the “Workplace Religious Freedom Act,” protects all employees in New York City from religious discrimination.
U.S. Attorney Files Civil Rights Suit Against New York School District
The United States Attorney for the Southern District of New York recently filed a civil rights action against the Port Chester-Rye Union Free School District, located in Westchester County, New York. The action alleges that the school district discriminated against an employee because of pregnancy.
The employee alleged that when she became pregnant with her first child, she lost her position as chairperson of the Committee on Special Education. She alleges also that she was denied the position when she became pregnant with her second child.
U.S. Supreme Court to Consider Whether Discrimination Law Applies to Teachers at a Religious Elementary School
The United States Supreme Court has agreed to hear a case, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, to decide whether the “ministerial exception,” which is supposed to protect a church’s first amendment rights, protecting freedom of religion, applies to teachers of secular subjects in religious elementary schools. Generally, the ministerial exception permits a church to make employment decisions that are religiously based, without having to worry about anti-discrimination laws, which prohibit religious discrimination.
The case involves the termination of a teacher, and whether that termination is protected by the ministerial exception. The Sixth Circuit Court of Appeals, which heard the case, found that the teacher was not a ministerial employee, and noted that “the overwhelming majority of courts that have considered the issue have held that parochial school teachers. . . who teach primarily secular subjects do not classify as ministerial employees for purposes of the exception.”
U.S. Supreme Court Holds that Anti-Retaliation Protection of Fair Labor Standards Act Applies to Informal Complaints
The federal Fair Labor Standards Act (“FLSA”) requires that employers pay employees at least the minimum wage for each hour worked, and 1-1/2 times their regular hourly rate for hours worked in excess of 40 in any workweek. In addition, the FLSA contains anti-retaliation protections to employees who make complaints of minimum wage and overtime violations.