Colorado Employment Law Blog

The Siren Call of "Private Club" Exemptions to Federal Employment Discrimination Statutes

By Steven M. Gutierrez and Brad Williams

Many managers (and human resources employees) of private membership clubs mistakenly believe that “private club” exemptions to various federal employment discrimination statutes permit them to be less punctilious in safeguarding against illegal discrimination in their workforce or in adopting and enforcing strong antidiscrimination policies. Such managers and employees are not only wholly mistaken, but they make such assumptions at their clubs’ significant peril. 

If you do business in the private membership club arena, this article would be of interest.  This article was originally published in the CMAA Premier Club Services Legal Newsletter, July/August/September 2009 edition.  http://www.hollandhart.com/newsitem.cfm?ID=1605

Tenth Circuit Affirms that Pattern and Practice Claims are Alive Under the Age Discrimination in Employment Act

By Steven M. Gutierrez

The link below will highlight a recent case out of the 10th Circuit Court of Appeals, Thompson v. Weyerhaeuser Co., --- F.3d ----, 2009 WL 2902069 (10th Cir.)  In Thompson, the 10th Circuit addressed the impact of the United States Supreme Court's ruling in Gross v. FBL Financial Services, 129 S.Ct. 2343 (2009), wherein the Supreme Court rejected the so-called “mixed-motive” theory in age discrimination cases.  It was based upon the holding of Gross that the employer in the Thompson case attempted to argue that "mixed-motive" cases under the Age Discrimination in Employment Act (ADEA) are no longer viable.  The 10th Circuit rejected that argument finding that Gross was inapposite.  For a more detailed discussion of the Thompson case, follow this link:  http://www.hollandhart.com/newsitem.cfm?ID=1606

Beware of Inflexible Return-to-Work Policy Following Exhaustion of Workers' Compensation Leave

By Emily Hobbs-Wright

Employers that have a policy of automatically terminating employees who fail to return to work following the exhaustion of workers’ compensation leave need to be aware that such a policy puts companies at risk of a class action lawsuit alleging violations of the Americans With Disabilities Act (“ADA”).

Court provides guidance on non-discriminatory hiring

By Brad Williams

 

            The Tenth U.S. Circuit Court of Appeals  recently affirmed a lower court’s rejection of a job applicant’s discriminatory hiring claim.  In so doing, the Court provided guidance on how employers may select the best applicant for a job, without simultaneously inviting a lawsuit.

EEOC Offers Guidance for Applying Workplace Standards to the Disabled

By Christina Gomez

            How should you respond when an employee reveals in a performance review meeting that he has a medical condition that may be affecting his poor work performance?  What if an employee being disciplined or terminated indicates that her misconduct may be caused by a disability?  The Equal Employment Opportunity Commission (EEOC) recently addressed these and other related questions in a new guidance on the Americans with Disabilities Act (ADA).

Federal Disability Discrimination Law Dramatically Expanded

by Vivian Barrios
of Holland & Hart LLP

On September 25, 2008, President Bush signed into law the American with Disabilities Act Amendments Act of 2008 ("ADAAA"). The legislation overturns a number of U.S. Supreme Court cases that have narrowly interpreted the American with Disabilities Act ("ADA") and sends a message to the courts and the federal agencies charged with enforcing the ADA that the 1990 disability discrimination statute should be interpreted broadly. The ADAAA will be effective January 1, 2009. In anticipation of the new law, employers need to review their ADA compliance practices to meet the new law’s more exacting requirements of who is entitled to protection and reasonable accommodation on account of disability.

The 10th Circuit Offers Lessons Concerning Racial Harassment Claims

By Christie R. McCall
Of Holland & Hart LLP

The recently announced 10th Circuit decision in Tademy v. Union Pacific Corp. (No. 06-4073, 4/1/08), offers several lessons about the proper handling of claims of racial harassment. In that case, the 10th Circuit Court reversed the district court’s grant of summary judgment in favor of the employer on claimed violations of Title VII and § 1981, and remanded the case for trial.