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Linda Chalat

Proposed Law Offers Employees Protection

On January 11, 2012, Sen. Carroll and Rep. Fischer introduced SB 12-003 – Concerning the use of consumer credit information by employers. This proposed law would establish the purposes for…

Linda Chalat

Medical Pot User May Have Benefits Go Up In Smoke

A recent decision from the Colorado Court of Appeals has decided that a medical marijuana user who is fired for a positive drug test result is not eligible for unemployment compensation benefits. In…

Linda Chalat

Spud Seller Supers Think They Are Studs

The Spud Seller Inc., a potato wholesaler in the San Luis Valley, allowed a supervisor in the packaging plant to sexually harass female workers over an extended period after management was first…

Linda Chalat

Most Employment Lawsuits Brought By Individuals

News of large groups of plaintiffs suing corporate employers are common, like those cases against WalMart which have received wide media attention. But the American Bar Foundation has issued a study…

Staff Writer

Idaho mine accident causes man to lose arm

Monday morning worksite accident at a phosphate mine in southeast Idaho caused a man to lose his harm, according to a report from the Associated Press.The victim of the accident is currently in a Salt Lake City hospital intensive care unit as physicians attempt to save his leg. The accident is being investigated by the Mine Safety Health Administration. The Smoky Canyon Mine excavates more than…

Staff Writer

Do You Know? The Use of Polygraphs for Employees

Employers are often tempted to ask an employee to take a lie detector test if the employer believes that an employee has stolen the employer’s property. However, the Employee Polygraph Protection Act, a federal law found at 29 U.S.C. § 2001-2009, restricts an employer’s use of polygraphs, and provides remedies for a violation of the restrictions regarding the use of lie detector tests.

Staff Writer

Employer's Discriminatory Intent

If an employer is accused of discriminating in violation of Title VII, a powerful source of adverse testimony can come from ex-employees. The 10th Circuit Court of Appeals has long held that “the testimony of other employees about their treatment by the defendant is relevant to the issue of the employer’s discriminatory intent.” Spulak v. K Mart Corp., 894 F.2d 1150, 1156 (10th Cir. 1990); see…

Staff Writer

Equal Pay Act Violation

An employer accused of an Equal Pay Act violation may be held liable, without a showing of intent. If an employer pays persons of different sex differently and is alleged to have done so on the basis of sex, the employer must prove one of the following: 1) a seniority system; (2) a merit system; (3) a pay system based on quantity or quality of output; (4) a disparity based on any factor other…

Staff Writer

Case of Pay Discrimination

In Mickelson v. New York Life Insurance Co., the 10th Circuit Court of Appeals held in favor of an employee who claimed that she had been discriminated against with respect to pay. The Court noted that there are two ways a plaintiff can proceed on a claim of salary discrimination: on a theory of intentional discrimination on the basis of sex in violation of Title VII, or on a theory of wage…

Staff Writer

Subjective Hiring or Promotion Criteria

An employer can use objective criteria or subjective criteria to determine whom to employ or promote or terminate. An employee’s failure to meet the objective criteria generally terminates claims of discrimination and can result in summary dismissal of the plaintiff’s claims. However, the failure to meet subjective criteria is generally not fatal to the plaintiff’s claims. In such a case, the…