FALSE WORKER’S COMPENSATION CLAIM STOPS TITLE VII ACTION STATEMENT THAT WOULD NOT HIRE A CAUCASIAN IF A QUALIFIED MINORITY WAS AVAILABLE WAS NOT EVIDENCE OF DISCRIMINATION FALSE TIMESHEETS PREVENT A TITLE VII CLAIM AGE-RELATED STATEMENTS SUPPORT AN ADEA CLAIM SEVERE EMPLOYMENT CONDITIONS SUPPORT AN FMLA CLAIM EMPLOYER’S FAILURE TO STOP RUDE BEHAVIOR DOES NOT CREATE […]
Employment Bulletin
McKenna Employment Bulletin – September 2015
THE EEOC DOES NOT HAVE TO NAME A REJECTED JOB APPLICANT TO BRING SUIT COURT CAN LIMIT THE SCOPE OF A RESTRICTIVE COVENANT TAMPERING WITH AN EMPLOYEE’S WORK PRODUCT AND ASSIGNING DIFFICULT WORK SUPPORTS A TITLE VII ACTION RESULTS OF THEFT INVESTIGATION STOPS A TITLE VII SUIT FAILURE TO REQUEST AN ACCOMMODATION AND BEING AN […]
McKenna Employment Bulletin – August 2015
REQUEST FOR LIGHT DUTY MUST MATCH THE DOCTOR’S RESTRICTIONS U.S. DEPARTMENT OF LABOR ISSUES GUIDANCE ON CLASSIFYING WORKERS INFORMATION AVAILABLE TO THE PUBLIC IS NOT PROTECTED CONFIDENTIAL INFORMATION LACK OF KNOWLEDGE OF THE EMPLOYEE’S PRIOR COMPLAINT STOPS A RETALIATION CLAIM FAILURE TO SHOW INTENT STOPS A RACE DISCRIMINATION CLAIM
McKenna Employment Bulletin – July 2015
PUT THE LEVEL OF PERFORMANCE IN YOUR EMPLOYEE CONTRACTS TO PROTECT FROM BREACH OF CONTRACT ACTIONS A DOCTOR’S SHORT-TERM MEMORY LOSS COULD NOT BE ACCOMMODATED BY HIS EMPLOYER NO FACTUAL BASIS STOPS CHARGES OF RACE AND RETALIATION VIRGINIA PATIENT AWARDED VERDICT FOR TAPED DEFAMATORY AND OFFENSIVE STATEMENTS RIGHTS FOR SAME-SEX COUPLES TO MARRY SHORT TIME […]
McKenna Employment Bulletin – June 2015
COURT REFUSES PRELIMINARY INJUNCTION TO UNIVERSITY EMPLOYER WHICH WOULD ALLOW NONCOMPLIANCE WITH THE “AFFORDABLE CARE ACT” YOU DO NOT HAVE TO COMPLAIN TO THE PERSON DESIGNATED BY THE EMPLOYER EMPLOYER’S FALSE CLAIM OF POOR JOB PERFORMANCE SUPPORTS A RETALIATION CHARGE THE SUPREME COURT HOLDS THAT COURTS HAVE AUTHORITY TO REVIEW THE EEOC’S DUTY TO CONCILIATE […]
McKenna Employment Bulletin – May 2015
SEVEN MONTH GAP AFTER FMLA LEAVE PREVENTS RETALIATION SECLUDING AN EMPLOYEE FROM THE WORKPLACE SUPPORTS A COMPENSATORY DAMAGE AWARD THE PERSON TERMINATING MUST KNOW THE BIAS OF THE PERSON RECOMMENDING THE TERMINATION IN ORDER FOR THE BIAS TO SUPPORT A CAUSE OF ACTION YOUR DISCRETIONARY BONUS PLAN MAY SUPPORT A BREACH OF CONTRACT CLAIM YOUR […]
McKenna Employment Bulletin – April 2015
SUPREME COURT DECLINES TO RULE ON BREASTFEEDING IN THE WORKPLACE FEMALE ALLEGED AGE AND SEX DISCRIMINATION WHERE EMPLOYER STATED HE WANTED TO REPLACE HER WITH A YOUNG MALE MCDONNELL DOUGLAS BURDEN-SHIFTING APPLIES IN A PREGNANCY DISCRIMINATION ACT CASE YOUR AFFIDAVITS IN SUPPORT OF A TERMINATION MUST BE FACT BASED THE GENERAL CONTRACTOR WAS NOT THE […]
McKenna Employment Bulletin – March 2015
AGE-RELATED COMMENTS SHOW PRETEXT AND RETALIATION RELEASE OF CLAIMS DOES NOT VIOLATE TITLE VII BE SPEEDY IN YOUR TERMINATIONS IF POSSIBLE POOR WORK PERFORMANCE PREVENTS NATIONAL ORIGIN DISCRIMINATION CLAIM EMPLOYEE’S NONPERFORMANCE AND INTIMIDATION STOP DISABILITY CLAIM ADHD MAY NOT BE A DISABILITY UNDER THE ADA
McKenna Employment Bulletin – February 2015
U.S. SUPREME COURT WILL RULE ON SAME SEX MARRIAGE TRAVELING NURSE TERMINATED FOR SEIZURE DISORDER NOT AN ADA VIOLATION NO RACE DISCRIMINATION WHERE RECENT HIRES WERE OF THE SAME RACE NO RETIREE CONTRIBUTION TO RETIREE HEALTH BENEFIT PLAN ENDS WITH THE EXPIRATION OF THE AGREEMENT WITH THE UNION EMPLOYER EXPRESSION OF DISDAIN FOR THE EEOC […]
McKenna Employment Bulletin – January 2015
TRIBAL HIRING PREFERENCE IS NOT DISCRIMINATION WHEN BASED ON POLITICAL CLASSIFICATION APPLICANTS HAVE NO STANDING TO SUE UNDER TWO FEDERAL WHISTLEBLOWING ACTS VOLUNTEER NUNS HAD NO STANDING TO SUE NO COMPARATIVES AND VIOLATIONS OF COMPANY POLICY STOPS A RETALIATION CLAIM NATIONAL LABOR RELATIONS BOARD SAYS EMPLOYEES CAN USE WORKPLACE EMAIL SYSTEMS FOR UNION ACTIVITY ARRIVING […]