Women Denied Jobs Because of Hijab, Says EEOC
The EEOC has sued the Marriott Louisville Downtown, alleging it denied housekeeping jobs to four Muslim women because they wore hijab. The women found other housekeeping jobs where they were allowed to wear the hijab. The lawsuit seeks an injunction and court order making the hotel accommodate workers' religious beliefs and unspecified damages for the plaintiffs.
Pepsi to Pay $83,000 for Army Reserve Training
A driver for a Pepsi bottling company was awarded $83,000 in compensatory and punitive damages after a bench trial in which the court found the company denied him a pay differential for his basic training with the Army Reserves required under USERRA. Judge Michael R. Barrett found that USERRA protected Kevin Koehler's right to a benefit given to all employees who enlisted in the Army Reserve, equal to the difference between his military pay and his salary as a Pepsi driver. The judge awarded $50,000 in double compensatory damages after finding that Pepsi deposited the money to which Koehler was entitled under Pepsi's policy and then withdrew it from his account without Koehler's authorization. The judge rejected Pepsi's argument that Koehler was not entitled to the differential pay benefit because the benefit was not intended for employees who voluntarily enlist into active duty. The court said that being called for initial active duty training was covered by Pepsi's policy. While USERRA does not obligate an employer to pay the wages of an employee who is called for active military service, where an employer does adopt such a policy, the judge held, USERRA pro-tects the employee's rights under that policy. Pepsi's withdrawal of money from Koehler's personal bank account without his permission amounted to a conversion of his property, demonstrating "malice, egregious fraud, oppression and insult."
A. G. Edwards Paid $1.25M to Former Manager with Bipolar Disorder
A. G. Edwards paid a former branch manager more than $1.25 million in compliance with an arbitration award in his favor on claims stemming from his demotion and constructive discharge following medical leave for treatment of his bipolar disorder.