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Employment Law Blog

Labor & Employment Law Blog

May 26th, 2017

Sixth Circuit Extends “Cat’s Paw” to FMLA Retaliation Cases

“Cat’s paw” refers to a situation where a subordinate supervisor (or in some instances a coworker) lacking decision-making power dupes the decision-making manager into making an adverse employment decision, typically to terminate an employee.  In this situation, the employer is held liable for the discrimination or retaliation of the supervisor (or coworker) who does not

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May 22nd, 2017

Seventh Circuit Court of Appeals Holds Sexual Orientation Discrimination is a Form of Sex Discrimination

On November 14, 2016, we reported that a federal court in Pennsylvania had just ruled that Title VII prohibits sexual orientation discrimination.  Sexual orientation discrimination, and LGBT rights in general, has been a hot topic in recent years. However, until our prior post on this issue, no federal court had ruled that sexual orientation discrimination

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April 21st, 2017

Written Job Description is only One Factor of Determining Essential Job Functions in Cases Under the Americans with Disabilities Act

In Bush v. Compass Group USA, Inc., the Sixth Circuit Court of Appeals (covering Ohio, Kentucky, Michigan, and Tennessee) recently affirmed summary judgment dismissing an employee’s disability discrimination claim. Donald Bush worked for the Compass Group as a chef manager for approximately two years. He supervised a staff of six cooks and provided food preparation

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April 7th, 2017

College Athletes May Have Federal Employment Rights

Professional athletes are among the highest paid employees in any occupation and enjoy substantial benefits and union protection under the terms of their employment contracts.  In contrast, college athletes are, as a rule, unpaid (though many receive scholarships to pay the costs of their education) and do not enjoy some of the basic protections provided

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