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June 2013 Archives

"Weight discrimination" in the news again

Many of our Colorado readers have probably heard this much-discussed news topic: America has an obesity problem. Some even throw around the term "epidemic" to describe the issue. While there is no denying that there a certainly millions of Americans who battle with weight issues, there is constant debate on what causes the problem. Do Americans eat too much? Are our portions too big at meals? Are we unknowingly consuming foods with high caloric content? Or are there certain medications that make people gain weight? In one case, the latter is the claim, and now the issue has led to an employment discrimination lawsuit.

EEOC says some background checks are employment discrimination

"Have you ever been convicted of a crime other than a speeding violation?" Many Colorado residents are familiar with this popular job application question, which usually pops up at the end of the form. For some people it is just another question to check the "no" box next to, but for many others it could signal the end of their hopes for gaining employment. Now, a recent report has detailed how the U.S. Equal Employment Opportunity Commission approaches these types of background check questions, and it really isn't good news for potential employees.

Federal funds at issue in employment discrimination case

Wrongful termination lawsuits occur for a wide variety of reasons. They are hard cases for a plaintiff to pursue, because many employees work for their employers on an "at-will" basis - which means they can be fired for almost any reasons, or no reason. However, there are circumstances when no matter what the employment situation between the two parties is an employer can be found to have unjustifiably fired an employee. When a government employee alleges misuse of public funds and is terminated from employment as a result, it could be just that sort of employment discrimination.

Is it OK to fire an employee with a serious medical condition?

Many of our Colorado readers are probably familiar with the Family Medical Leave Act, commonly known as the FMLA. This popular piece of federal legislation was enacted with the intention to protect an employee from being fired simply because that person needs some time to deal with a medical issue. Under the protections of the law, an employee may take up to 12 weeks of unpaid leave for a qualifying medical issue of their own, or to care for a family member who may need assistance due to health concerns. The law requires an employer to allow the employee to come back to their original position, or one of equal stature, when the leave is complete.

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