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Employee’s unauthorized review and disclosure of confidential personnel files not Title VII protected activity

November 19th, 2018

By Ronald Miller, J.D.
An employee’s unauthorized review and disclosure of confidential personnel files to support her claims of race and religious discrimination was not protected activity under Title VII, ruled the Fourth Circuit, concluding that the statute did not protect “illegal actions.” In this instance, the employee did not meaningfully dispute that her actions violated [Read more...]


Employee fired two weeks after work-related injury gets new trial on retaliation claim

November 19th, 2018

By Marjorie Johnson, J.D.
Reversing judgment as a matter of law to an employer at the close of evidence at trial, the Fifth Circuit ruled that a jury should have decided whether an employee who was fired two weeks after suffering a work-related injury proved a causal connection in his claim of workers’ compensation retaliatory discharge [Read more...]


Despite statements to IRS, trucking company not estopped from including travel reimbursements in minimum wage calculations

November 16th, 2018

By Brandi O. Brown, J.D.
A trucking company that told the IRS per diem travel payments made to truckers were reimbursements for travel expenses, but nevertheless included those payments in its calculation of minimum wages under the FLSA, was not taking an inconsistent position, the Eighth Circuit ruled, affirming dismissal of class claims by the truckers. [Read more...]


Firing poor-performing manager after learning he had cancer supports disability bias claim; more leave not per se unreasonable

November 16th, 2018

By Kathleen Kapusta, J.D.
A Forever 21 district manager fired for poor performance—six of his stores had been identified as bottom performers—shortly after his manager learned he was on medical leave for cancer, established fact issues as to whether he was a qualified individual who could have performed his job with a reasonable accommodation of additional [Read more...]


Religious accommodation request wasn’t protected activity here, but broad issue wasn’t ‘categorically’ resolved

November 15th, 2018

By Marjorie Johnson, J.D.
Siding with the employer in a closely watched case, a divided Eighth Circuit panel declined to revive an EEOC lawsuit alleging that a hospital engaged in unlawful retaliation by rescinding its conditional offer of employment to a Seventh Day Adventist nurse because she sought a religious accommodation of the collectively bargained requirement [Read more...]