Author: Christine Day

The Americans with Disabilities Act of 1990 (ADA) prohibits, among other things, discrimination by most employers against a qualified employee or applicant with a disability. When President George H. W. Bush signed the legislation, he acknowledged businesses’ concerns that the ADA might end up costing them money. But he reminded them of the importance of enabling people […]

The US Department of Health and Human Services Office for Civil Rights (OCR) fined a hospital over $3 million for failing to keep patients’ electronic protected health information (ePHI) secure.  To make things worse, the hospital knew that its security was insufficient to protect ePHI, but it didn’t take steps to secure the information until it […]

When it comes to protecting employees who report securities violations by their employers, US courts are divided over whether the term “whistleblower” applies only to people who make external reports to the US Securities and Exchange Commission (SEC) or whether “whistleblower” can also include someone who makes an internal report to the company. From the […]

There are many stereotypes about older workers. They can be seen as more reliable and loyal than younger employees, and they can also be seen as harder-to-train and more expensive because of salaries and health care costs. When employers take an adverse action (such as termination or failure to promote) against an older employee, it […]

A district court found itself trying to calculate the number of times a county sheriff hugged a subordinate, so that it could determine whether to allow the subordinate to proceed with her sexual harassment claim that she was subject to a sexually hostile work environment. Victoria Zetwick was a county correctional officer who claimed that […]

Sidoti & Company, LLC, a registered broker-dealer, paid $100,000 to settle charges by the Securities and Exchange Commission (SEC) that the company had failed to establish and enforce policies to prevent the misuse of material nonpublic information (MNPI). According to the SEC’s settlement agreement, Sidoti started out as an independent research firm that published notes and […]

A former Lockheed engineer was awarded $51.5 million by a federal court jury in New Jersey after the jury found that in laying the employee off, Lockheed had engaged in age discrimination. Pursuant to the federal Age Discrimination in Employment Act (ADEA), the employee was awarded $520,000 in back pay, which was doubled because the jury […]

A truck-tank washing facility was fined by the Occupational Safety and Health Administration (OSHA) for safety violations after a supervisor was hurt by chemical fumes. The facility claimed a good-faith defense because it had a safety policy in place, but the Court denied the defense because the facility had failed to take action in the past […]

In January 2017 the US Occupational Safety and Health Administration (OSHA) released guidance on recommended practices for anti-retaliation programs. The guidance is intended to help employers keep their workplaces free from retaliation, both generally and for the 22 whistleblower laws enforced by OSHA. OSHA notes that retaliation against employees who raise or report concerns is […]

The California Supreme Court has decided that under California law, employers may not require employees to remain on duty or on call during rest periods. Instead, employers must relieve employees of all duties and relinquish control over how employees spend their break time. In the case before the Court, ABM Security Services guards claimed that they […]