Recently an employer, Pepsico Pepsi Beverages Company, won a summary disposition in an age discrimination claim filed under Michigan law. (Damghani v Pepsico, 9/10/2015) But the real significance of this case has to do with the court rejecting the application of a common employment discrimination theory often referred to as the “cat’s paw
Reversal of Jury Verdict in Religious Discrimination Lawsuit – Divine Intervention or Judicial Mistake?
A nursing home activities aide who was fired for refusing to pray the Rosary with a resident failed to prove job bias because she didn’t present sufficient evidence that her employer, Woodland Village Nursing Center Inc., knew before it decided to discharge her that plaintiff’s refusal to pray the rosary was based on her religious
Is a Single Incident Enough for a Sexual Harassment Lawsuit?
While one may the loneliest number, it is also a number that can be quite costly for employers when it comes to defending a sexual harassment lawsuit under a recent ruling from the Sixth Circuit Court of Appeals.
Specifically, on July 24, 2015, a trial court’s decision was reversed, which allowed a female dining
Making a Federal Case out of Recording Conversations Involving Employment Discrimination
Here is something you don’t see happen everyday – an instance of “butt dialing” becoming a federal case.
Specifically, an inadvertently dialed cell phone call purportedly involving discussions about unlawful employment discrimination resulted in a federal lawsuit for intentionally intercepting private conversations in violation of Title III of the Omnibus Crime Control and Safe Street
Non-Solicitation Restrictions – A Valuable Tool for Protecting Your Company’s Customer Relationships
When it comes to post employment restrictions, non-compete agreements often get all the attention. In fact, such restrictions are a frequent subject of discussion on our law firm’s blog (Noncompete Restrictions: The First Line of Defense for Protecting the Company from Unfair Competition).
However, as explained below, a carefully drafted non-solicitation provision should
Oy Vey! No Religious Discrimination in Jewish Nurse’s Termination
A recent religious discrimination claim dismissed in favor of an employer offers a number important take-aways for both employers and employees. Specifically, on 7/16/2015 the Eighth Circuit Court of Appeals affirmed the dismissal of a religious discrimination claim brought by a Jewish nurse who had worked for a Missouri medical center. See Shirrell v. St.
The Supreme Court’s Same-Sex Marriage Ruling and What it Means for Employers
On June 26, 
2015, the Supreme Court decided in a 5-4 decision that same-sex couples nationwide have a constitutional right to marry.
The full case opinion (Obergefell v. Hodges) is available here, however, the majority opinion was best summed up by Justice Kennedy as follows:
The right to marry is a fundamental right
Enforcing a Noncompete Agreement Takes More Than Bluffing
We recently wrote about the importance of having an enforceable noncompete in place in order to protect your business (Noncompete Restrictions: The First Line of Defense for Protecting the Company from Unfair Competition). But when it is necessary to obtain and injunction and to enforce that agreement, companies can’t expect to bluff their
Noncompete Restrictions: The First Line of Defense for Protecting the Company from Unfair Competition
Business involves competition. But not all competition is lawful. Two former employees found this out the hard way after a judge determined on May 22, 2015 that they had wrongfully started a competing business while they continued to work for their employer along with misappropriating trade secrets and engaging in other wrongful acts (Nedschroef
Is Telecommuting a Reasonable Accommodation Under the Americans with Disabilities Act?
Michigan employers dodged a bullet (sort of) on when it comes to whether telecommuting must be considered as a reasonable accommodation under the Americans with Disabilities Act (ADA).
Specifically, in a “judicial do-over,” the full Sixth Circuit Court of Appeals in EEOC v. Ford revisited a prior decision (previously discussed here) that had concluded