Nyemaster Goode, P.C.

Employment Litigation

May 21, 2018

Health Care Employers Receive Extension of TRICARE Moratorium on Affirmative Action Plans

By Thomas M. Cunningham On Friday, May 18, 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued a directive extending for another two years the moratorium on enforcing written affirmative action plan obligations against health care employers who participate in the TRICARE program. The directive extends the moratorium, which...

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December 29, 2015

Iowa Supreme Court Delivers Pregnant Pause

By Frank Harty Iowa employers constantly wrestle with how to treat pregnant employees. Some desire to accord special treatment to pregnant employees – but do so at the risk of drawing reverse discrimination claims. Other employers use a “status blind” approach – attempting to strictly comply with Iowa law by...

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July 30, 2015

Wrongful Termination Plaintiffs Need Not Prove Employer Lacked Business Justification

By Michael Currie On June 30, the Iowa Supreme Court clarified the necessary elements a plaintiff must prove to succeed in a claim for wrongful discharge in violation of public policy. Specifically, the Court considered whether or not a plaintiff needs to prove that her employer lacked a legitimate business...

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January 14, 2015

Breakin’ Up is Hard to Do: And Also Makes It Hard to Prove Harassment

By Ryan Stefani On December 24, the Iowa Court of Appeals affirmed a district court’s finding that Tammy Roche had failed to establish that she was subjected to, and terminated for reporting, a sexually hostile work environment. Roche v. Davenport Cleaners, Inc., No. 14–0140, 2014 WL 7343555 (Iowa Ct. App....

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July 25, 2014

Iowa Supreme Court Affirms Defense Verdict in Disparate-Impact Employment Discrimination Case Again

By Amanda Atherton Last week, the Iowa Supreme Court affirmed the district court’s judgment in favor of the state in Pippen v. State of Iowa et al, No. 12-0913, a class-action employment-discrimination case brought under Title VII and the Iowa Civil Rights Act. The class of over 5,000 was represented...

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July 1, 2014

Iowa Supreme Court Embraces the ADAAA

By Randy Armentrout On June 27, the Iowa Supreme Court decided in Goodpaster v. Schwan’s Home Service, Inc., that it will look to the ADA (Americans with Disabilities) Amendments Act of 2008 (“ADAAA”), 42 U.S.C. §§ 12101-12213, when interpreting the meaning “disability” under the Iowa Civil Rights Act (“ICRA”). The...

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August 29, 2013

Federal Court Rejects EEOC Challenge to Criminal Background Check Policy

By Ryan Leemkuil In June, we blogged about two recent lawsuits the EEOC has brought against Dollar General and BMW alleging that these companies’ use of criminal background checks causes a disparate impact on black applicants. In a ruling earlier this month, a federal district court in Maryland rejected a...

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August 16, 2013

Iowa Supreme Court Expands Exception to At-Will Employment

By Fran Haas On Friday, August 2, the Iowa Supreme Court issued a sharply-divided opinion that expands the scope of whistleblower claims in Iowa. In Dorshkind v. Oak Park Place of Dubuque II, L.L.C., Plaintiff argued that she was wrongfully terminated in violation of public policy when she lodged an...

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July 17, 2013

Melissa Nelson Asks the Iowa Supreme Court to Reconsider Her Case – Again

By Ryan Koopmans As AP reporter Ryan Foley first reported yesterday, Melissa Nelson–the “irresistible employee”–has filed a second petition for rehearing. That’s highly unusual. Once a court has taken the rare step of rehearing a case and then reaffirms its earlier decision, there is virtually no chance that it will...

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July 12, 2013

Court Rejects Another Public Policy Retaliation Claim

By Mary Funk On Wednesday, the Iowa Court of Appeals affirmed the traditionally narrow scope of an action for wrongful discharge in violation of public policy. In Eastman v. Homeland Energy Solutions, L.L.C., No. 3-420/12-2026 (July 10, 2013), the terminated employee argued that she was not truly fired for insubordination...

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