Recent Blog Posts
Inconsistent Communications Lead to Potential ADA Liability
Blanchet v. Charter Communications, LLC, Case No. 21-5073 (6th Cir. March 8, 2022) demonstrates what can occur when an employer and its third-party leave administrator are not on the same page. In Blanchet the Sixth Circuit U.S. Court of Appeals, whose jurisdiction includes Tennessee, reversed the Kentucky federal district court’s grant of summary judgment… Read More »
Medical Condition Alone is Not an ADA “Disability”
Under the Americans with Disabilities Act (ADA), “disability” is a legal term, not a medical one. The ADA defines a person with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activities (also a person with a record of such an impairment, regarded… Read More »
Shift Change Based on Race Constituted Unlawful Discrimination
In Threat v. City of Cleveland, Ohio, Case No. 20-4165 (July 26, 2021), the Sixth Circuit U.S. Court of Appeals, whose jurisdiction includes Tennessee, ruled that discriminatory shift changes based on race violate Title VII of the Civil Rights Act of 1964. A seniority-based bidding process under a City of Cleveland collective bargaining agreement… Read More »
“Sign or Be Fired” Was Not Unlawful Coercion
Employers sometimes present employees with a Hobson’s choice between signing a document, such as a non-compete agreement or arbitration agreement, or being fired. Does this amount to unlawful coercion rendering the document unenforceable, or a legitimate employment action? The Sixth Circuit U.S. Court of Appeals, whose jurisdiction includes Tennessee, recently addressed this issue in… Read More »
Sixth Circuit: Employee or Independent Contractor?
The federal Fair Labor Standards Act (FLSA) requires employers to pay the federal minimum wage and overtime pay to employees (who are not exempt from overtime, such as many managers and executives). The FLSA’s minimum wage and overtime requirements do not apply to independent contractors. In Jamie Gilbo v. Agment, LLC, Case No. 20-3287… Read More »
Tennessee Court of Appeals: Vacation is a Matter of Policy
In Michelhaugh, et al. v. Consolidated Nuclear Security, LLC, Case No. B8LA0053 (August 11, 2020), the Tennessee Court of Appeals addressed a dispute over how and when vacation time was earned. A Department of Energy contractor, Consolidated Nuclear Security, LLC (“CNS”), had replaced another contractor, Babcock & Wilcox Technical Services (“B&W”). CNS hired B&W’s… Read More »
Tennessee Supreme Court Highlights Significance of At-Will Disclaimers
In Keller v Casteel, et. al, Case No. E2017-01020-SC-R11-CV (June 12, 2020), a municipal firefighter was terminated after pleading guilty to a criminal charge. While the lawsuit’s claim was violation of constitutional due process based on a property interest allegedly created by the City’s personnel manual, rather than breach of contract, the Court applied… Read More »
Employees May be Fired for Falsifying Discrimination Allegations
In Carrethers v McCarthy, Case No. 19-5712 (May 28, 2020), the Sixth Circuit U.S. Court of Appeals, whose jurisdiction includes Tennessee, confirmed that an employer legitimately may fire an employee if it honestly believes that the employee falsified allegations of misconduct. Carrethers, a civilian employee, had repeatedly accused her supervisors and other coworkers of… Read More »
Speak No Evil (or Anything Else) About Current or Former Employees
Supervisors and employees should know that saying things about the quality or conduct of a current or former employee can result in a defamation suit against the employer and/or the speaker if the speaker’s comments harm the person being asked about. Recently, in Wallace v. Leidos Innovations Corp. and Mantello, Case No. 19-5512 (March… Read More »
Employer’s “Honest-Belief” About ADA Plaintiff’s Ability to do the Job Prevails
The Americans with Disabilities Act prohibits employers from discriminating against employees with disabilities who can perform the essential functions of their jobs with or without reasonable accommodation. One of the most difficult decisions for an employer is whether an employee with a disability can perform his or her job duties with or without accommodation…. Read More »
