Category Archives: Employment Litigation

Justices consider availability of punitive damages in maritime unseaworthiness case

SCOTUS weighs in on the availability of punitive damages based on alleged “unseaworthiness” of a vessel

Argument preview: Justices consider availability of punitive damages in maritime unseaworthiness case

The few admiralty cases the Supreme Court hears often address common-law questions resembling those that normally arise on land and are generally within the province of state courts. These maritime adventures tend to involve a deep journey into relatively esoteric doctrinal areas, requiring the court to determine its proper judicial role as well as to make appropriate substantive choices.

This term’s second admiralty excursion, The Dutra Group v. Batterton, presents another such occasion. On March 25, the Supreme Court will hear argument on whether a Jones Act seaman may recover damages in a suit for personal injuries based on the alleged unseaworthiness of the vessel to which he was assigned. The simplicity of that statement hides the possible challenges of the doctrinal voyage that may await the justices, depending on the course they set. The question has produced a circuit split, whose resolution will likely require the Supreme Court to interpret at least two of its recent precedents, 1990’s Miles v. Apex Marine Corp. and 2009’s Atlantic Sounding Co. v. Townsend. The case will immerse the justices in decades, if not centuries, of maritime law regarding the various remedies available to seamen in personal-injury and wrongful-death cases and their sources in general maritime and federal statutory law.

Christopher Batterton, a seaman, allegedly injured his hand while working on a dredge vessel to which he had been assigned. Batterton sought recovery from his employer, The Dutra Group, under a familiar trilogy of maritime remedies: maintenance and cure; the Jones Act, 46 U.S.C. 30104; and unseaworthiness. Maintenance and cure is a limited, but strict-liability, quasi-contractual remedy that allows a seaman who is injured or falls ill in service of the ship to recover food, lodging and medical treatment until he is cured to the extent possible. The Jones Act authorizes a seaman to sue an employer for negligence, and the unseaworthiness doctrine allows recovery if injury results from a condition that renders the vessel not reasonably fit for its intended purpose. Maintenance and cure and unseaworthiness are judge-made doctrines; Congress passed the Jones Act in 1920. The Jones Act and the unseaworthiness doctrine allow a seaman recovery that compensates for loss from injury or wrongful death attributable to the employer. These damages differ from, and are more extensive than, the allowances for some basic living expenses and medical care that the more limited maintenance-and-cure action confers.

In addition to seeking compensatory relief, Batterton attributed the alleged unseaworthiness of the vessel to willful and wanton misconduct and sought punitive damages based on that theory only. That decision ultimately transformed this case from a standard maritime personal-injury dispute into a controversy worthy of certiorari. The district court denied Dutra’s motion to strike the punitive-damage count but certified that decision for interlocutory appeal, which the U.S. Court of Appeals for the 9th Circuit accepted.

The question, whether a Jones Act seaman could recover punitive damages for an injury attributable to vessel unseaworthiness, shined a spotlight on Miles and Townsend. In Miles, the Supreme Court, 8-0, denied recovery of nonpecuniary damages for loss of society in an unseaworthiness wrongful-death action and for lost future income in an unseaworthiness survival action. It reasoned that because such damages are not available in a congressionally created Jones Act wrongful-death suit, they should be unrecoverable under the alternative tort theory of general maritime law unseaworthiness.

In Townsend, however, the Supreme Court concluded, 5-4, that punitive damages are available for breach of the duty under general maritime law to provide maintenance and cure.

Miles did not discuss punitive damages. The four Townsend dissenters concluded that the Jones Act precludes punitive damages, but the majority, having determined that issue not to be decisive, specifically did not address it.

The 9th Circuit affirmed the district court’s decision. In ruling that punitive damages may be awarded to seamen for personal injuries in a general maritime unseaworthiness action, the appellate court followed its pre-Miles precedent, in part because it found Townsend the more dispositive Supreme Court decision. The 9th Circuit read Townsend as limiting Miles to claims for loss of society and lost future earnings in unseaworthiness actions and not foreclosing punitive damages in general maritime law actions. In the 9th Circuit’s view, Miles precluded nonpecuniary damages in unseaworthiness actions but did not bar punitive damages because they do not compensate the injured party for a loss.

The 9th Circuit’s conclusion put it at odds with decisions in other circuits with sizeable admiralty dockets, including a divided 2014 U.S. Court of Appeals for the 5th Circuit decision and post-Miles, pre-Townsend opinions in the U.S. Courts of Appeals for the 1st, 2nd and 6th Circuits, which had concluded that Miles precluded punitive-damage claims in general maritime unseaworthiness or negligence actions.

In its Supreme Court brief, Dutra argues that punitive damages are unavailable in general maritime law unseaworthiness actions. It identifies as a basic premise of Miles the separation-of-powers concern that admiralty courts should follow related congressional limits in shaping general maritime law in analogous areas and should preserve maritime uniformity. Although Miles did not involve punitive damages, Dutra interprets it as signaling that damages available in a judge-made unseaworthiness action are limited to those Congress allowed under the Jones Act. Because the Jones Act, like the Federal Employers Liability Act on which it was based, has been construed to preclude punitive damages, Miles’ command of judicial deference to congressional judgments dictates the same result for an unseaworthiness action.

Dutra construes Townsend as applying to a maintenance and cure, not unseaworthiness, action and as leaving Miles in place. The maintenance-and-cure remedy involved in Townsend was an ancient doctrine that predated the Jones Act’s statutory negligence action and furnished a distinct recovery from that provided under the Jones Act. By contrast, the unseaworthiness remedy at issue in Miles and Dutra presents an alternative to Jones Act recovery for the same injury and incident, one that courts created in its current form after Congress had provided the statutory negligence remedy.

For his part, Batterton sees Townsend as the relevant precedent and concludes that it allows a seaman to recover punitive damages in an injury action for breach of the general maritime law duty to furnish a seaworthy vessel. He argues that Townsend establishes that the long-standing availability of punitive damages at common law extends to maritime claims, including personal-injury claims, absent evidence of exclusion. Townsend deemed Miles inapplicable when the general maritime cause of action and the remedy were well established prior to adoption of the Jones Act, as Batterton argues was true of unseaworthiness and punitive damages. Dutra responds that the unseaworthiness remedy was transformed beginning in the 1940s and that no established history of punitive damages in unseaworthiness actions predated the Jones Act.

Batterton maintains that Townsend rejected the argument that Miles precluded punitive damages in general maritime personal-injury actions. Instead, Miles focused simply on the scope of the general maritime law wrongful-death remedy the Supreme Court created in 1970 in Moragne v. States Marine Lines Inc. to coincide with federal statutory wrongful-death remedies. Because congressional action had shaped the creation of the general maritime law remedy, the court naturally tailored it to reflect those statutory wrongful-death actions. Batterton would confine Miles to the wrongful-death context. Dutra argues that permitting punitive damages in a seaman’s personal-injury, but not wrongful-death, action would be nonsensical and would contravene a purpose of Moragne: to harmonize recovery for injury and wrongful death.

Although Batterton argues that punitive damages are recoverable in an unseaworthiness injury action even if they are not available under the Jones Act, he also challenges Dutra’s premise that the Jones Act precludes awarding punitive damages. On the contrary, he maintains, the FELA and Jones Act allow the recovery of “damages,” which includes punitive relief. Batterton devotes 10 pages of his 50-page brief to arguing that punitive damages are permitted under the Jones Act and the FELA. Dutra replies that courts have never suggested that punitive damages were available under those two statutory remedies since Congress created them a century ago.

Batterton argues that punitive damages advance significant maritime policies, especially regarding personal-injury and wrongful-death claims of seamen. Dutra cautions that making punitive damages available in unseaworthiness actions would prompt potential defendants to overdeter harm by taking wasteful precautions or foregoing valuable commerce and would harm the economy, the environment and national security.

Although all nine of the current justices joined the court after Justice Sandra Day O’Connor wrote the decision in Miles, five of them participated in Townsend. Justice Clarence Thomas wrote the majority opinion, which Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer joined. Justice Samuel Alito’s dissent was joined by Chief Justice John Roberts and Justices Antonin Scalia and Anthony Kennedy.

The parties’ briefs suggest various possible outcomes. The course the court takes is likely to depend on how it construes its two most applicable precedents, how it understands the history of maritime personal-injury and wrongful-death remedies, and how it sees its role in maritime matters.

***

Past cases linked to in this post:

Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009)
Miles v. Apex Marine Corp., 498 U.S. 19 (1990)
Moragne v. States Marine Lines, 398 U.S. 375 (1970)

The post Argument preview: Justices consider availability of punitive damages in maritime unseaworthiness case appeared first on SCOTUSblog.

Medicare Liens Attached to a Workers’ Compensation Claim

Medicare Liens and Workers Comp Claims

The next lien type I will be discussing in this set of sites will be Medicare. Medicare is a benefit under federal law which, generally, is provided to individuals reaching 65 years old or when that person is determined to be eligible for Social Security Disability benefits.

Social Security Disability recipients are eligible for Medicare in the majority of instances following a two-year waiting interval. Medicare has the right under national law to recover some money they pay for medical treatment that they believe is something which should have been paid with a workers’ compensation insurance carrier.

When Medicare is concerned it is completely necessary at the very start of a claim which the worker tell her or his attorney they are Medicare eligible. Most attorneys now ask that issue at the beginning, however if they do not it is totally essential for the employee to tell the lawyer so that steps can be taken.

The first step the lawyer will take would be to notify Medicare throughout the Centers for Medicare and Medicaid Services, otherwise called CMS. Upon notice from a lawyer CMS will start a file and supply the attorney with advice as to any obligations claimed to be produced by Medicare for injuries covered by Workers’ Compensation. The obligations Medicare wants to recover are called conditional obligations.

With the participation of Medicare, liens can arise without the worker’s knowledge and with no worker specifically requesting therapy from Medicare. As an example, even a employee who is covered by therapy by means of a workers’ compensation carrier may see their family physician for unrelated problems. The employee might mention the simple fact they have compensation claim, and in several situations the doctor notes injury and someone in that doctor’s clerical personnel will record it as a code and submit an application to Medicare together with the non-work related troubles. Bingo, Medicare has a lien.

Accordingly, when an injured worker has been treated for non-work relevant conditions through their family physician or other physicians for an unrelated non-work condition it is absolutely crucial that no mention be made of the job accident in such a manner that might get the doctor to remember that in his or her chart.

Apparently, it is absolutely necessary that Medicare liens be determined and honored. Sometimes it is possible to reduce or eliminate them completely. Nevertheless, in no circumstance should they be disregarded.

Medicare, like ERISA from the very first blog in this show , is covered by federal legislation and they can have national enforcement of such a lien. Other items Medicare can perform would be to stop gains until the repayment was reached. That is something nobody would like to happen. Accordingly, it is absolutely crucial that if cure, for that reason, be compensated by Medicare the necessary steps are required to manage that situation.

One unfortunate characteristic of dealing with Medicare liens is the fact that a last quantity of conditional payments sought to be recovered isn’t given until later a workers’ compensation situation evolves. This absolutely does not make sense, and everybody understands that, however under Medicare guidelines, when a workers’ compensation situation is going to settle the attorney will contact Medicare for an overview of up-to-date amounts paid.

Unfortunately, Medicare won’t offer a complete”final-final” amount when they have been served with a copy of the purchase shutting the workers’ compensation case. Employees should be aware that even when money is taken from a settlement to be reimbursed to Medicare there’s still an opportunity, even though slim, which Medicare may come back with a bigger number.

That is the reason why a lot of orders have a provision that although they are shut the court retains jurisdiction should Medicare problems arise.

Source: https://www.personalinjurylawjournal.com/workers-compensation/medicare-liens-workers-compensation-claim/

I’m Being Fired! What Do I Do Now?

You Got Your Walking Papers; Now What?

You are called into a meeting with HR along with your own boss. You understand the axe is falling…on you. Here some do it and don’ts to take into account if you’re called into a meeting and fired:

DO’S 

1. Do work as long as possible.

If they’re giving you the option to work for a couple more weeks or even months, then do say yes. It’s way easier to have a job when you have work. Just make sure that you do your job while you’re there, and also do not begin copying trade secrets or confidential details. That’ll just get you in to trouble.

2. Do ask about getting your personal products. 

A lot of men and women leave their belongings behind. Security or HR might have to accompany you, however do receive your own stuff. They aren’t permitted to keep your possessions. On the other hand, if it is on your computer, your business telephone, a business notebook, or something else they own, it is theirs. They don’t have to allow you to publish or copy anything that’s in their own property.

If it is critical, keep it inside your bag, your purse, or in home so that this doesn’t happen. In the event you’ve, for example, been maintaining a log of each sexually charged remarks that your supervisor made, you might lose it now. That is why you shouldn’t keep it on the company computer.

3. Do inquire about your own insurance. 
Have you been cutting off your insurance that day, in the close of the month, or after? In case you’ve got an upcoming doctor’s appointment or appointment, you will need to understand beforehand whether or not you’ll be listed as covered.

If policy is getting cut off, it will be reinstated retroactively once you elect COBRA and make your payment. Should you paid your share of insurance at end of the month, then remind them. They can extend your insurance at least through the time you’ve paid, or refund you the difference. When no severance is supplied, do inquire about it.
They might offer it if you ask. Do not agree to ask for any amount on the spot (you are not thinking straight, remember?) You may want to speak for us to see whether you’ve got potential claims against them before you decide on an amount. If they do offer severance, request them to place it into writing. Get legal counsel before you consent to anything you don’t understand.

5. Do ask if the business has a severance plan or coverage.

You would be amazed how many have written severance programs which don’t require a release, yet they try to get you to sign one anyway. Or they try to throw at a non-compete agreement that’s not needed.

If you are already entitled to severance without registering anything, then maybe it is possible to pay more in exchange for a discharge or non-compete agreement.

6. Do inquire when you’ll receive your final check.

Some states and counties have deadlines for companies to pay, some don’t. Don’t assume you’re going to be paid in another pay period.

Additionally, if you are owed commissions, then learn if they mean to pay them. If there are deals you have made that are in the pipeline, then they might owe you money after they shut. Do ask why you are being chased.

In Florida they do not have to give a reason, but in some states they perform. But if they refuse to offer you a motive, or give you another motive than they give to the EEOC, that might assist you with your legal claims later on.

8. Should they maintain you signed a non-compete or confidentiality agreement, do ask for a copy.

You first need to understand what you signed. Many companies don’t provide copies once you sign these arrangements at the start of your employment. However, if they want you to comply, they must give you a copy so that you understand your limitations.

If they will not give a copy, or when you believe your agreement might not be enforceable, contact an employee-side employment attorney to examine your choices with you.

9. Do ask what co-workers and possible employers will be told.

It is important to know what to say to possible employers. Additionally, it is vital to ensure the company rumor mill isn’t fed with misinformation. Get on the exact identical page together if possible. Should they request that you measure, say no more.

Unless you are being offered substantial dollars in trade for a forced resignation, what is your upside? You’ll probably be disqualified from becoming unemployment. You may accidentally give up a few discrimination, whistleblower or additional claims.

Many folks think it looks better to prospective employers to state that you stepped, but who would you think you’re fooling? In this market, nearly nobody resigns with no job lined up. They’ll know something bad happened, so why make it simpler on the former company by stopping? Do not sign anything.
You aren’t thinking straight. When they shove a severance agreement, disciplinary record or other paperwork in front of you, take a deep breath, and ask for a copy to review. Take a look at it after you have had a chance to calm down.

If there is anything you do not understand, take it into a lawyer to get it reviewed before you sign. You might be giving permission that you shouldn’t, or perhaps you’ve got a leverage to negotiate for more money.

You particularly don’t want to inadvertently sign a non-compete agreement that limits your capacity to operate for a year or two, unless you know it and are getting some substantial dollars for it. Don’t yell, curse or make a scene.
You don’t want to burn bridges. You still require these folks, as far as you loathe them right now. They’ll be in your resume for several years. They’ll need to give references .

Plus, even if you tick them off they’re more inclined to challenge your unemployment. They are able to make your life more miserable right now, feel it or not. I’ve known many employees who had been fired or laid off and that ended up becoming rehired down the road. In the event you think they got it wrong, don’t claim or beg.
When they got the wrong person or there’s something you’ll be able to prove is wrong, you are able to tell them peacefully. But, very few companies will change their minds now.

If a proof is at home or is something which you want to supply in writing, then wait until you’ve cooled off, then put together your info in a business-like fashion, and send it after.

They may have a charm or grievance procedure. Practice it.

11. Sometimes, the organization will lock you in an area with Loss Prevention and say that you can’t leave if you don’t sign a thing admitting you stole inventory or did anything wrong. Don’t take action. You’re going to be fired — do not let them mislead you. “Only sign and you will still have your job,” they may say. They’re lying. The only question is whether you’ll also wind up in jail or with a large judgment against you.

If they state you can’t depart, open the door and go anyway. Should they block the way, pull out of your cell phone or pick up the telephone inside the room and call 911. If you don’t have a phone and they block your way, need to be let out. If they still won’t allow you to go, scream on top of your lungs to get help. That’s the one time I suggest making a spectacle. (Don’t touch anyone though). Finally you will be allowed out of the room. Call 911 the second you leave the premises and tell the police what happened. Then call us (or even a criminal defense lawyer if you need one) and get advice.

However, regardless of what you do, do not signal something admitting to a crime. Ever.

12. Don’t demand to say goodbye. 

You don’t have the right to have a significant farewell scene using co-workers. You are upset and will likely embarrass yourself. If co-workers approach you after you have been fired, stay calm. Do not badmouth the business or the manager. Leave with course and you may keep the doors open to come back .

While being terminated is right up there having a death in your household as one of the most stressful things that could happen to you, with plenty of self-control and a little preparation, you may help ease your transition a bit. If you do have some possible claims against the business, you won’t have achieved anything to harm your situation. More to the point, you will not have burned any bridges.

Source: http://feedproxy.google.com/~r/ScrewYouGuysImGoingHome/~3/oRG6lgLK1rk/im-being-fired-what-do-i-do-now.html

Discrimination Lawsuits Happening Now Around the US

Amicus briefs urge 8th Circuit to find Title VII protects LGBTQ people from discrimination

We must be welcoming for all people, regardless of race, sex, national origin, ethnicity, religion, age, disability.

Inconsistent results and created unique barriers to sex discrimination lawsuits filed by LGBTQ people.

“It’s impossible to …

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Microsoft finds few gender discrimination complaints valid

The documents were released as part of an ongoing lawsuit by three current or former Microsoft employees alleging gender discrimination.

The plaintiffs are seeking class-action status for the case, claiming more than 8,600 women collectively lost out on $ …

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Illinois Must Protect LGBT Elders from Housing Discrimination

The Seventh Circuit heard oral arguments in the case in mid-February, and Lambda Legal … the country’s leading advocacy group for LGBT elders, I know housing discrimination is a particular concern for LGBT older adults.

LGBT older people are twice …

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Staffing firm pays $50K for ‘age will matter’ comment

A New Jersey-based IT staffing firm will pay $50,000 to settle an age discrimination suit claiming that it told a job applicant that he wouldn’t be considered for an opening because he “was born in 1945” and that “age will matter.”

In rejecting the …

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https://twitter.com/SRoit/status/977952423653199878

21st Century Fox Can’t Dodge Local Reporter’s Discrimination and Retaliation Lawsuit

Lidia Curanaj in December 2016 sued 21st Century Fox for discrimination and harassment, claiming she was repeatedly denied a full-time position at its affiliate Fox5 because of her age and looks and was rejected for a job at Fox News because Ailes realized …

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Sexual harassment lawsuit settlements happening this week

Sexual harassment issues not over for Forest Service after chief’s resignation

Women have filed multiple class-action lawsuits against the Forest Service in its …

Clancy also emphasized that most people think or harassment as unwanted sexual advances or assault but that only represents a small percentage.

The vast majority of …

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As New Mexico IATSE Boss Faces Sexual Harassment Suit, Dissidents Want Him Removed From Office

A groundswell of opposition has risen up against Jon Hendry, the IATSE union boss in New Mexico, in the wake of sexual harassment allegations that surfaced earlier this week.

A movement has begun calling for his ouster, and Deadline has been inundated with …

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Wynn Resorts Settles Universal Entertainment Lawsuit for $2.4 Billion

Wynn Resorts Ltd. agreed to pay a total of $2.4 billion to settle a lawsuit with Universal Entertainment Corp … latest dramatic turn since Steve Wynn resigned last month amid a sexual harassment scandal at the casino empire he founded.

Original story

 

What Changes Do You See in Tackling Sexual Harassment?

Cosby’s main accuser to testify in sexual assault case

All but Constand’s case were too old to be prosecuted, and Cosby’s first trial ended in a mistrial last June due to a deadlocked jury.

The 80-year-old entertainer has denied the charge, saying any sexual contact …

Accusations of harassment or assault …

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What Changes Do You See in Tackling Sexual Harassment

The Reader Center is one way we in the newsroom are trying to connect with you, by highlighting your perspectives and experiences and offering insight into how we work.

What’s changing about how we deal with sexual harassment?

Some answers are already clear.

More info

 

The basic definition of sexual harassment is based on the United States Equal Employment Opportunity Commission. To summarize it, it is composed of unwelcome sexual advances and requests for sexual favors which can either be verbal and physical conduct of sexual nature. The determining factor for sexual harassment is that when the person rejects the request, the employment status is heavily affected. The rejection will reasonably interfere with an individual’s performance and may experience offensive and pressured work environment.

Sexual harassment can actually happen in several circumstances. For instance, a victim and the harasser may not necessarily be of the opposite sex. The harasser should have the moral or positional ascendancy to that of the victim. He could be the supervisor and the victim, merely an agent. The victim may not necessarily be the one being harassed; even those affected by the offensive conduct can file for claims against sexual harassment.

David Schwimmer Calls for an End to Sexual Harassment with New PSAs: “Now Is the Time”

https://www.babble.com/entertainment/david-schwimmer-thatsharassment-psa/“So few men want to have this conversation, because they get killed. They get killed,” Megyn Kelly said boldly to David Schwimmer on Megyn Kelly TODAY .

“Do you have any fear in being the guy that does it?”

Without hesitation, he replied, “I don’t.”

This isn’t a shock, as Schwimmer has co-produced six short films with writer and producer Sigal Avin, appropriately named #ThatsHarrassment, to shed light on the different ways that women are being sexually harassed every day.

These videos have also been shortened into a series of PSA announcements that are set to run on Fox, Showtime, CBS, Hulu, and Amazon, as well as all of New York’s Taxi TVs.

More info

A commission to combat sexual harassment in the workplace needs to be created

The views expressed by contributors are their own and not the view of The Hill Sexual harassment, like sex itself, continues to easily capture headlines, but we go blank when it comes to actually doing something about it.

Solutions are inevitably elusive …

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Legislation in Olympia targets sexual harassment in the workplace

Thanks to the awareness brought by the #MeToo movement, the Legislature will hear a package of bills Wednesday aimed at harassment in private workplaces.

Two bills would remove obstacles that could hinder employees from coming forward with harassment …

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Ex-Harvey Weinstein assistant sues over “sexually hostile” work environment

Sandeep Rehal said she suffers from “severe emotional distress” because of “incessant sexual harassment” she endured working as the movie mogul’s assistant from February 2013 to February 2015.

She called her work environment “sexually hostile,” and said …

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Top 10 Employment Discrimination Charges in 2017

Top 10 Employment Discrimination Charges in 2017

A total of 84,254 workplace discrimination charges were filed with the Equal Employment Opportunity Commission (EEOC) nationwide during fiscal year (FY) 2017, according to the federal agency.

The EEOC said it secured $398 million for victims in the private …

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https://twitter.com/Alt_LeftAlabama/status/958161095797157889

Doors open for gay MBA graduates

https://www.ft.com/content/e98e1624-f564-11e7-a4c9-bbdefa4f210bDoors open for gay MBA graduates Schools and employers want to tap into the LGBT+ talent pool.

Nick Deakin had a very specific reason for going to business school.

After working as a doctor for two and a half years at Barts hospital in central London, he enrolled on an MBA because he thought a commercial career would suit him better as a gay man.

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Exclusive: 5 Women Sue Monster Energy Over Abusive, Discriminatory Culture

Another manager, Phillip Deitrich, regularly humiliated a female subordinate in front of co-workers and sabotaged her ability to work effectively, according to a sex discrimination lawsuit she filed.

He still has a job.

She left the company.

Hamilton …

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EEOC Records Drop In Job-Based Disability Discrimination Complaints

After two record-setting years, federal officials are reporting that complaints of disability-based job discrimination are down.

The U.S. Equal Employment Opportunity Commission said charges of job bias related to disability dropped to 26,838 in 2017 from …

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Female Shareholder Sues Employment Defense Firm, Ogletree Deakins, For Gender Discrimination

SAN FRANCISCO
Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (“Ogletree”), one of the nation’s largest law firms specializing in defending employers against employment discrimination lawsuits, has itself been sued for …

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3 Things Every Company Must Do in 2018 to Attract and Empower Women Employees

https://www.inc.com/elizabeth-kiehner/3-things-every-company-must-do-in-2018-to-attract-empower-women-employees.htmlWhy we need to move from policy to action.

Elizabeth Kiehner leads the global design practice for IBMiX with multi-disciplinary experience in design and technology.

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Most workplace harassment victims stay silent

https://www.bizjournals.com/bizwomen/news/latest-news/2018/01/most-workplace-harassment-victims-stay-silent.htmlAlthough the #MeToo movement is empowering victims of sexual harassment to speak up, most employees remain silent about inappropriate behavior at work.

Of employees who say they’ve experienced sexual harassment in the workplace, 72 percent did not report the incident, and 54 percent did not confront the person responsible, according to a survey from CareerBuilder.

One in 10 employees say they were sexually harassed at work – 17 percent of women said they’ve been harassed compared to 7 percent of men.

CareerBuilder surveyed 809 full-time employees in the private sector, and the survey was conducted through The Harris Poll.

More than half – 60 percent – of workers said they were sexually harassed by a peer, while 36 percent said they were harassed by a manager or supervisor.

Of the 46 percent of respondents who reported an incident, 13 percent said the situation stayed the same, and 9 percent said it became worse.

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What Harvey Weinstein Sexual Harassment Firing Says About Hollywood

OPINION: To be clear, it is doubtful that Harvey Weinstein was fired because he sexually harassed and/or sexually abused women. It seems to be common knowledge that he has been doing that for many, many years and his illegal antics were well-known throughout Hollywood. Instead, it seems that the reason he was fired is because his decades-long history of sexual misconduct with women was finally made public in a big way and the optics and fallout looked bad for his company.

Amid Weinstein Ousting, New Sexual Harassment Allegations Emerge

https://www.forbes.com/sites/natalierobehmed/2017/10/09/amid-weinstein-ousting-new-allegations-emerge/Last night Harvey Weinstein was fired from the production company and distributor he cofounded, following a Thursday New York Times report that detailed decades of sexual harassment allegations.

But yesterday two new accusations were made public, …

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Streep, Judi Dench slam Weinstein over sexual harassment claims

https://www.reuters.com/article/us-people-harvey-weinstein-streep/streep-judi-dench-slam-weinstein-over-sexual-harassment-claims-idUSKBN1CE1SZMeryl Streep and Judi Dench, two of Hollywood’s most respected actresses, lashed out at movie producer Harvey Weinstein on Monday but said they were unaware of his decades of alleged sexual harassment of women.

Full story on Reuters

Film producer Harvey Weinstein ousted from Weinstein Co. amid reports of sexual harassment

http://www.pbs.org/newshour/rundown/film-producer-harvey-weinstein-ousted-weinstein-co-amid-reports-sexual-harassment/Weinstein had previously taken an indefinite leave of absence following the revelation of at least allegations of sexual harassment uncovered in an expose Thursday by The New York Times.

The board on Friday endorsed that decision and announced an …

Full PBS report

Weinstein Loses Adviser Lisa Bloom Amid Harassment Allegations

https://www.nbcnews.com/news/us-news/weinstein-loses-adviser-lisa-bloom-amid-harassment-allegations-n808666Accusations of sexual harassment against Harvey Weinstein, the Hollywood entertainment mogul, cost him a close adviser on Saturday and may have lost his company a high-profile series of books.

Lisa Bloom, the prominent women’s rights attorney, …

Full NBC News article

FELA: Durable and still going strong

Opinion analysis: Court restricts lawsuits against out-of-state railroads

http://www.scotusblog.com/2017/05/opinion-analysis-court-restricts-lawsuits-state-railroads/FELA does not itself create a special rule authorizing jurisdiction over railroads just because they happen to do business in a particular place, the court emphasized.

Second, the court continued, a Montana rule that allows courts in the state to …

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Appeals court: Ex-rail worker can keep $21M judgment for foot severely injured in accident on job

http://cookcountyrecord.com/stories/511200617-appeals-court-ex-rail-worker-can-keep-21m-judgment-for-foot-severely-injured-in-accident-on-jobA state appeals court has upheld a $21 million judgment for a railroad worker who hurt his foot on the job.

The panel said Norfolk Southern failed to cite federal precedent to support its claim a disability award was improper for a FELA …

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Supreme Court: General Personal Jurisdiction Test Applies to All Actions

In BNSF Railway Co. v. Tyrrell, 137 S. Ct. 1549 (U.S. 2017) (No. 16-405), plaintiff employees sued the defendant railroad under the Federal Employers’ Liability Act (FELA) in Montana state court.

The defendant was neither headquartered nor incorporated …

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Amtrak building manager says company violated FELA through two injuries he suffered since 2014

http://pennrecord.com/stories/511167936-amtrak-building-manager-says-company-violated-fela-through-two-injuries-he-suffered-since-2014An Amtrak building manager claims the company violated the Federal Employers Liability Act (FELA) on two occasions in the past three years, when he suffered two injuries in the course of his employment and/or tenure with the company.

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FELA: Durable and still going strong

Railroads abhor it; labor leaders adore it.

The most senior and conservative Republican in the U.S. Senate is its staunchest supporter.

Say hello to the 109-year-old Federal Employers’ Liability Act (FELA), which has nothing to do with federal workers …

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Lawsuit: Amtrak trackman and driver’s shoulder injuries are the result of FELA violation

http://pennrecord.com/stories/511221824-lawsuit-amtrak-trackman-and-driver-s-shoulder-injuries-are-the-result-of-fela-violationAn Amtrak trackman and truck driver has accused the train transportation company of violating the Federal Employers Liability Act (FELA) by not making for a safe workplace, which he says led to his serious shoulder injuries.

Adam R …

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Former Amtrak electrician says company at fault for career-ending hand injuries

http://pennrecord.com/stories/511217972-former-amtrak-electrician-says-company-at-fault-for-career-ending-hand-injuriesAn Amtrak electrician has alleged the train transportation company violated the Federal Employers Liability Act (FELA) by not providing a safe workplace, and causing an electricity accident that left him with severe, career-ending …

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Former railroad conductor and brakeman alleges his kidney cancer was caused by toxic substance exposure

A former train conductor and brakeman of 36 years claims a trio of rail companies violated the Federal Employers Liability Act (FELA) by neglecting to provide him a safe workplace, and allegedly causing him to contract kidney cancer …

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Union Pacific prevails at Supreme Court in St. Clair County FELA case

http://madisonrecord.com/stories/511083905-union-pacific-prevails-at-supreme-court-in-st-clair-county-fela-caseUnion Pacific Railroad, which won a jury verdict in an employee’s injury trial but lost it at the Fifth District appellate court, regained its victory at the Illinois Supreme Court on Feb. 17.

The Justices ruled that Union Pacific …

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CSX Escapes $2M Verdict As Fla. High Court Drops Case

The duty at issue in the instant case is well-established, Manko said: “Under FELA, railroads owe a duty to exercise reasonable care to both provide a safe workplace and, as part and parcel of that duty, they have a duty to exercise reasonable care to …

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Up to 18% of injured workers not returning to work after one year

Up to 18% of injured workers not returning to work after one year

http://www.businessinsurance.com/article/20170621/NEWS08/912314039/Up-to-18-percent-of-injured-workers-not-returning-to-work-after-one-year-WCRIBetween 11% and 18% of injured workers in 15 states do not return to work within a year of their accident, a range that is in line with previous studies, according to reports released Tuesday by the Workers Compensation Research Institute.

The …

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Paterson council rejects $34,000 injury payment for retired police chief

http://www.northjersey.com/story/news/paterson-press/2017/06/21/paterson-council-rejects-34-000-injury-payment-retired-police-chief/415875001/PATERSON, NJ
In a split vote, the City Council on Tuesday night rejected a $34,857 workers-compensation payment for retired police Chief James Wittig, who claimed he hurt himself falling on the stairs at headquarters in 2011.

Wittig also had claimed he …

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Immigrant benefit ban removed from Ohio workers’ comp budget

http://www.dispatch.com/news/20170620/immigrant-benefit-ban-removed-from-ohio-workers-comp-budgetThe Senate rejected on Tuesday a controversial provision that would have denied workers’ compensation benefits to undocumented workers who are injured on the job.

House Republicans added the amendment last month to the Bureau of Workers’ …

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Milesburg business owner faces more than 800 felony charges

http://www.centredaily.com/news/local/crime/article157295839.htmlMore than 800 felony charges??? This guy is S-C-R-E-W-E-D!!!

Robinson allegedly did not have workers’ compensation insurance coverage and was not exempted as a self-insurer.

An ex-employee’s injury on March 27, 2013, led to the charges, according to the affidavit.

Court documents do not specify how the former …

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Two Very Important Steps When Managing A Catastrophic Injury Claim

https://www.workerscompensation.com/news_read.php?id=26500&type=7Catastrophic injuries make up only a small fraction of the total number of workers’ compensation claims but account for a significant portion of the dollars spent on medical care and treatment of employees.

The proper management of these high dollar …

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Records Detail Workers’ Comp History Of Trooper Charged With Assault

http://www.courant.com/news/connecticut/hc-state-trooper-arrested-workers-comp-20170616-story.htmlThe state police trooper arrested after a bar fight last weekend in Groton has been on either workers’ compensation or leave from work 11 times since 2004, state records show.

Jeffrey Meninno was charged with second-degree assault after sources said he …

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