Representing the Injured or Disabled Member Part 30: Pregnancy Discrimination Rights in the “Hazardous Workplace”

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 30: Pregnancy Discrimination Rights in the “Hazardous Workplace”

This article is the 30th in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them.  Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

[Read more…]

Representing the Injured or Disabled Member Part 29: The Family Medical Leave Act

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 29: The Family Medical Leave Act 

This article is the 29th in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them.  Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

[Read more…]

Representing the Injured or Disabled Member Part 28: Pregnancy Discrimination and Disability Laws

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 28: Pregnancy Discrimination and Disability Laws

This article is the 28th  in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them.  Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

[Read more…]

Employee Had Valid Claims For Failure To Accommodate PTSD And Sexual Harassment That Exacerbated His Symptoms

By Reba Weiss and Harrison Owens

ptsd puzzleIn Mesmer v. Charter Communications, Inc., a District Court in Washington found that a correspondence coordinator had claims of interference with his FMLA rights, failure to accommodate his PTSD, and sexual harassment under the Washington Law Against Discrimination (WLAD).  In his complaint, the coordinator claimed that he suffered from PTSD symptoms and his employer failed to accommodate his disability, subjected him to sexual harassment by a male coworker, and his employer willfully violated his FMLA rights by firing him for attempting to take medical leave.  The District Court found that the coordinator had stated sufficient facts to support his claims, and that his lawsuit should be heard at trial.

[Read more…]

Married Homosexual Employee Has Valid Gender Discrimination Claim Against Employer Who Denied Spousal Health Benefits

By Erica Shelley Nelson and Brennen Johnson

gay marriageIn Hall v. BNSF Railway Company, the U.S. District Court for the Western District of Washington found that a homosexual male employee stated a valid gender discrimination claim against his employer for denying health benefits to his husband. The Court refused to dismiss what it determined to be a valid gender discrimination claim where the male employee and his male partner were legally married and BNSF provided coverage for the male spouses of female employees.

[Read more…]

Washington State Patrol May Have Discriminatorily Fired a Black Female Cadet Despite Multiple Failed Tests

By Erica Shelley Nelson and Brennen Johnson

Discrimination1In Davis v. State of Washington, the Washington State Court of Appeals, Division I, reversed the dismissal of a gender and race discrimination claim filed by a Washington State Patrol Cadet. The former Cadet sued the State of Washington claiming that race and gender played a substantial role in the Washington State Patrol Training Academy’s decision to terminate her from the program. The trial court dismissed the lawsuit before trial after determining that the State had provided a legitimate reason for terminating the Cadet. The Court of Appeals reversed the dismissal finding that the Cadet had shown that, even if a legitimate reason existed for her termination, the decision still might have been substantially motivated by race or gender discrimination.

[Read more…]