Today’s opinion is a lesson straight out of the school of hard knocks. No matter how sympathetic the plaintiff or how harrowing his plights, the law is the law and sometimes it’s just not on his side.
While … Caribbean initially granted Sepúlveda the accommodation on a temporary basis, that fact did not mean that it conceded that rotating shifts was a non-essential function.… To find otherwise would unacceptably punish employers from doing more than the ADA requires, and might discourage such an undertaking on the part of employers.
The EEOC’s lawsuit sought relief for applicants age 40 and older that had been denied front-of-the-house and back-of-the-house positions at 35 Seasons 52 restaurants around the country.
During the course of the litigation, over 135 applicants provided sworn testimony that Seasons 52 managers asked them their age or made age-related comments during their interviews, including: “Seasons 52 girls are younger and fresh,” “Most of the workers are younger,” “Seasons 52 hires young people,” or “We are really looking for someone younger.”
WalMart officials corresponded with her about her leave, granted multiple leave requests, and spoke to her about her future position. WalMart offered Jablonski several accommodations: personal leave when she ran out of FMLA leave, a ninety-day TAD position that accommodated her medical restrictions, and eventually a permanent cashier position—which she rejected. Jablonski argues that WalMart should have transferred her to another store. But she did not ask to be transferred at the time, and she has not presented any evidence that there were vacant positions for which she was qualified at other stores.
Morrison & Foerster discriminates against Plaintiffs and other female attorneys, especially pregnant attorneys and women with children, with respect to compensation and promotions through the use of common policies and procedures. When a female attorney at MoFo is pregnant, has children, or takes maternity leave, the Firm’s standard operating procedure is to hold her back from advancement with her peers, denying her opportunities for greater pay and limiting her progression. This Firm practice reinforces stereotypes that mothers are worse at and less committed to their jobs, and sets in motion a chain of events that leads to the dead end of the mommy track: when female attorneys become mothers, the Firm demands they prove their commitment by working more hours; when they seek additional work, they are denied assignments because of stereotype-driven perceptions that they lack commitment to their jobs.
Give me a head with hair, long beautiful hair
Shining, gleaming, steaming, flaxen, waxen
Give me down to there hair, shoulder length or longer
Here, baby, there, momma, everywhere, daddy, daddy
Hair, hair, hair, hair, hair, hair, hair, hair
Flow it, show it, long as God can grow it, my hair
Friday’s tongue in check post about the beauty of baldness got me thinking about hair and employment law.– “Hair”
Men with bald heads are often seen as more dominant and successful by everyone around them, according to a study of the University of Pennsylvania.
The american scientist Albert E. Mannes … conducted a study in 2012 with 59 subjects. He wanted to find out how people react to men with shaved heads by showing them a series of pictures.
The subjects got to see each photo twice, once of a man with a full head of hair and once of the same man with his hair shaved off. The subjects reported that they thought the bald men were more dominant, bigger and stronger.…
But bald men are not just more powerful, they are also seen as more intelligent. A global study conducted by the psychologist Ronald Henss of the University of Saarland with over 20.000 subjects suggests that bald men are estimated to be older, but also seem wiser and more intelligent.Makes perfect sense to me.
And every time I scratch my nails
Down someone else’s back I hope you feel it
Alanis MorisetteRevenge. So natural, and yet so wrong. “Turn the other cheek” is always the preferred practice, and, yet, often life is more “smack you in the cheek” as you turn away.
By Grand Parc CC BY 2.0 via Wiki Commons
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Bailey … does not, deny that the application contained inaccuracies. “Falsifications,” however, is too strong, she says. Bailey prefers to characterize the inaccuracies as, at worst, mere “embellishments” of the time periods and job titles of positions she held at Beaumont Hospital.…
The district court was not persuaded. After summarizing the relevant discrepancies identified by Oakwood and finding Bailey’s characterization “more than a little disingenuous,” the court concluded that resumé misrepresentation by a senior human resources professional could reasonably be deemed sufficiently egregious to defy correction by mere counseling or other lesser discipline.… We find no error.
Some business advocates argue with the very term “wage theft.” Jon Hyman, a local lawyer who represents employers, says not every employer cited for wage theft has willingly denied rightful wages.”To me, wage theft is a loaded term,” he said. “It presumes an intent to steal.”
For example, Hyman said a former client paid a human resource consultant to do an audit of employee classifications and followed the consultant’s advice.
A few years later, he said, the U.S. Labor Department, which also investigates wage theft, determined that many employees had been misclassified and had not received overtime pay to which they were entitled. The company ended up paying an undisclosed negotiated amount of unpaid overtime to the misclassified employees.
When it comes to matters of employment, Mazzoni Center does not discriminate on the basis of race, creed, religion, color, national origin, ancestry, age, sex, gender identification or gender expression, sexual orientation, disability, marital status or any other protected status covered by federal, state or local law. Thus, all employment-related decisions are made solely on the basis of a candidate’s skills, ability, experience, education, training, and other legitimate factors related to the requirements of the job.