When you are wrongfully terminated from your job, there are a number of legal remedies you may pursue, with a general goal of making you whole again. Back Pay Following Wrongful Termination If a court finds that your employer wrongfully terminated you, you may be entitled to back pay. Back pay will include payments and… [Read More]
When is it Illegal to Fire an Employee?
If you have been fired from your job, you may wonder if there is any legal recourse. The general rule regarding employment termination is that employment is at will, meaning an employer can terminate employment for almost any reason, whether it is a personal disagreement or they believe your performance is subpar. Bottom line is… [Read More]
Racial Discrimination and the Hostile Work Environment
Typically when someone brings a racial discrimination case, harassment must be severe and “pervasive” enough to create a hostile work environment. However, even a single incident of severe harassment can sometimes create a hostile work environment resulting in a Title VII claim of workplace discrimination. To demonstrate the point, the U.S. 5th Circuit recently… [Read More]
Sexual Orientation and Gender Identity Discrimination in the Workplace
Federal law prohibits sexual orientation and gender identity (SOGI) discrimination in any aspect of employment whether discrimination takes place as part of the hiring process, the assignment of job positions, promotions, terminations, or any other condition of employment. It is also unlawful to subject employees to workplace harassment that creates a hostile work environment based… [Read More]
Sex Discrimination, Pregnancy, Motherhood
The U.S. Equal Employment Opportunity Commission is suing a popular big box retailer alleging that an employee suffered “inexcusable and unlawful” discrimination at an Ottumwa, Iowa store. The sexual discrimination suit alleges, that an employee was not promoted due to sex discrimination. The employee, who was encouraged by management to apply for an available manager,… [Read More]
Reprieve From Vaccine Mandates for Many Iowa Employees
To the relief of employees strongly opposed to vaccine mandates, last month the U.S. Occupational Safety and Health Administration (OSHA) withdrew the Emergency Temporary Standard (ETS) requiring private employers with 100 or more employees to implement a vaccine or test policy. The news followed the U.S. Supreme Court’s stay on enforcement pending a decision by… [Read More]
Iowa Employee Alleges Sexual Harassment
An Iowa Department of Human Services caseworker was in court alleging that, over a period of several years, supervisors at the agency engaged in sexual harassment in the workplace. The employee claims that the harassment continued despite her repeated complaints. Fortunately, the employee documented incidents of the alleged sex discrimination – what was said and… [Read More]
What Constitutes Workplace Sexual Harassment?
A common misconception regarding sexual harassment is that an isolated incident of inappropriate conduct is enough to show sexual harassment has occurred. In reality, for words or actions to constitute sexual harassment, the harassment must be severe or pervasive enough that it interferes with a victims work environment, affecting the terms of their employment, or… [Read More]
Proposed Laws Offer More Protections to Employees
Employers and their employees will likely see new and amended workplace laws and rules in 2021 and beyond. If signed, the Paycheck Fairness Act and the Equality Act will help limit discrimination on the basis of sex in the workplace. Sex Discrimination Workplace Sex discrimination in the workplace can include anything from sexual harassment to… [Read More]
HIV / AIDS Discrimination
The Americans with Disabilities Act (ADA) protects individuals with disabilities from workplace discrimination. Someone is considered as having a disability if they have a physical and mental impairment that substantially limits major life activities. HIV, either asymptomatic or symptomatic, is considered a physical impairment that limits one or more major life activity and is therefore… [Read More]
