The director of a Palm Desert holistic wellness center has apparently been critically misinformed about his legal responsibilities under California and federal law, as well as what constitutes pregnancy discrimination, according to a recent lawsuit.
Teachers and school staff not only have to comply with school policy and the law, but often also with unspoken, unwritten rules of conduct unrelated to their actual job performance. As at least two Californians have learned so far this year, teachers and school can be fired for out-of-school behavior perceived to be objectionable.
In 1968, the Commonwealth of Pennsylvania passed a state constitutional amendment requiring all of its commissioned judges to retire at age 70. Surprisingly, that doesn’t mean the judges can’t continue to work, but it apparently does mean they don’t get paid as much. Last year, a group of judges challenged Pennsylvania’s mandatory retirement amendment as a form of age discrimination. They filed lawsuits claiming the law violated their rights under the Equal Protection clauses of the Pennsylvania and federal constitutions.
When a Portland woman was hired in 2011 as one of the few female referees at the U.S. Tennis Association’s Pacific Northwest Section, she was naturally quite proud. The USTA is America’s largest recreational tennis organization and runs tournaments and provides player ratings for some 825,000 participants nationwide, according to its website. The Pacific Northwest Section is one of 17 sections across the nation and in the Caribbean -- including, of course, here in California.
A multi-year battle between prosecutors in suburban Chicago has taken its next step toward resolution. In 2011, the chief state’s attorney for McHenry County was accused by a special prosecutor of misconduct involving allegations that he gave special treatment to friends accused of criminal behavior and that he had his employees perform political work on county time. He was ultimately exonerated after the special prosecutor failed to prove his case in two separate trials.
Often enough, the outcome of a lawsuit depends at least in small part on the type of court that hears it. Part of litigation strategy in employment law and other areas is choosing whether to bring a case in state or federal court, if both have jurisdiction, along with whether to file individually or as a class action. Both plaintiffs and defendants try to gauge which court is more likely to be sympathetic to their case, whether state or federal law is more favorable to their position, and simply which court is more conveniently located.
In April 2012, an electrician who worked at a Colorado coal mine noticed a dangerous situation at the mine's conveyer belt, or beltline. When he decided it wasn't being adequately addressed by his supervisor, he filed a report with the Mine Safety and Health Administration, which responded by inspecting the mine works and citing the company, New Elk Coal Company LLC, owned by Cline Mining Corporation, with several safety citations. In May, the electrician was fired.
Exotic dancers, just like employees in all other industries, are entitled to the protections of the Fair Labor Standards Act and other state and federal labor and employment laws. Unfortunately, these dancers often don't get a lot of respect, and the workers may believe -- or may even be told -- that they have no right to be paid a minimum wage, keep their tips and be paid for overtime.
When a lawyer in his early 60s was fired from the office of the Illinois Attorney General, he suspected that his age was the reason. He did not bring his case under the Age Discrimination in Employment Act, however. Instead, he brought his age discrimination claim under one of the nation's older civil rights laws, Section 1983 of the Civil Rights Act of 1871.