Indiana News & Analysis

As we have reported with greater frequency in recent years, courts dealing with employment discrimination suits against churches, synagogues, and other religious organizations have carved out an exemption that bars claims by "ministerial" employees challenging the employer's hiring and firing decisions.

Workers' compensation serves as the "exclusive remedy" for employees claiming benefits arising out of a work injury (if there's no other nonemployee third party responsible for the injury). The Wisconsin Supreme Court recently explained an employee's secondary injury, namely a self-inflicted gunshot wound, following a work injury where he was gored by a bull, was also subject to the Act's exclusive remedy provision. Read on for the interesting facts of the case as well as some guidance on the Act's exclusive remedy provision.

Most employers are equipped to respond to employee allegations of harassment by coworkers or managers. There are added levels of difficulty, however, when they complain about harassment by a customer, contractor, or other visitor to the business. A federal court of appeals recently ruled a Harrah's Casino employee can go to trial on her claims that (1) she was sexually harassed by a customer and (2) the employer didn't take sufficient steps to address her concerns.

Employers have been trying to encourage employees to get vaccinated against COVID-19. Some paid bonuses. Others provided gift cards. What happens when rewards aren't enough? A U.S. employer recently announced a different approach: All unvaccinated employees enrolled in the company's healthcare plan will have to pay a $200 monthly surcharge starting on November 1, 2021. In support for the surcharge, the employer noted all of its employees who were hospitalized with the virus weren't fully vaccinated. Their average hospital stay costs the company $50,000 per person.