The EEOC, on behalf of two Muslim truckers, sued a Morton, IL based trucking company for failure to accommodate the trucker's religious rights when they demanded that their employees convey alcohol. This simple, straight-forward religious accommodation lawsuit belies the often confused regulatory approach to employment discrimination when it comes to religious accommodation and the magic term "reasonable" in terms of the accommodations that employers and employees can expect for their personal religious beliefs.
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The Chicago Tribune reports that Walgreen Co. has been sued by a California consumer for alleged labeling violations on their Vitamin E supplements. The consumer objects to allegedly misleading claims on Walgreen's Vitamin E 400 IU Dietary Supplement that says the product "naturally contributes to cardiovascular health by helping to protect LDL cholesterol from oxidation which may cause cellular damage."
The complaint alleges that these statements are false and misleading based on clinical data that disproves these statements and indicates that the product is ineffective as marketed. Lawsuits against supplement manufacturers are only just the beginning of the process. This case illustrates why both consumers and manufacturers need to be very aware of the legal terrain in supplements and why consumers often mistake natural supplements for regulated drugs. It is not uncommon for property owners in Chicago or its suburbs to own a condo or single family home and then, when they have the means, purchase a winter home where they flee during the winter. While global warming has created some very mild winters in Chicago recently, this trend is not changing.
A recent Illinois tax decision should further incentivize property owners in Illinois to hold onto their Illinois properties and avoid Illinois taxation. The Chicago Tribune report on a fire-breathing actor who was injured during his routine provides a model lesson for employers on worker safety and potential administrative action for failing to adhere to OSHA regulations for employee safety.
Here, the employee was an actor who happened to very publicly injure himself when his face and throat caught on fire while attempting a fire breathing routine. The media firestorm, however, quickly engulfed reality and blew the matter out of proportion. It was so widely reported that an OSHA investigator reportedly showed up at the Civic Opera House to speak to officials and investigate their compliance with OSHA regulations. As the calendar year turned, many new local, state, and federal laws came into effect. One of the provisions of the Patient Protection and Affordable Care Act (PPACA), which is also called "Obamacare", has raised the hackles of a pair of privately held corporations. These corporations are religiously objecting to complying with PPACA's birth control access requirements, because as we know, corporations are people except for the purposes of carpooling, but they must have religious beliefs, right? As it turns out, (surprise!) not many courts are buying the argument that closely held private corporations have religious beliefs. Clearly these Court have not run into the cultish Apple devotees.
Weak jokes aside, Hobby Lobby's attempt to escape the regulatory clutches of PPACA is a novel attempt at imputing further First Amendment rights on corporations. It is a bold strike at enlarging recent caselaw and enhancing their position as a corporation. The EEOC, despite major budget cuts and a stated goal of suing on behalf of classes or employers engaged in a pattern or practice of discrimination, decided to sue on behalf of a woman fired after only 2 days on the job allegedly because she had a prosthetic leg.
The EEOC is the federal administrative agency that authorizes individuals to sue for employment discrimination matters including Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621-629), and the Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.). A Cook County jury awarded an iron worker, who fell at a jobsite and was left paralyzed and in need of 24 hour care for the rest of his life, $64 million in total damages. The company responsible is planning an appeal but the case is a lesson to both workers and construction companies in compliance with workplace safety procedures and policies. OSHA compliance is critical for the long term survival of both workers and companies.
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AuthorRishi Nair owns Nair Law LLC and practices as Of Counsel at Keener and Associates, P.C. Archives
October 2013
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