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Coworker retained after violating harassment policy once not proper comparator for auto worker who violated it twice

April 13th, 2021

By Joy P. Waltemath, J.D.
Indeed, the worker was not fired after his first violation either.
Terminated after a second violation of Fiat Chrysler Automobiles’ anti-harassment policy, a male assembly plant worker was unable to convince the Seventh Circuit to revive his Title VII claim that FCA fired him due to race discrimination. [Read more...]

Married DEA employees refused to answer investigation questions, can’t revive USERRA, Title VII claims

April 13th, 2021

By Brandi O. Brown, J.D.
It was their refusal to cooperate in the investigation of their own internal complaints that led to their termination, not the husband’s military service.
In an appeal from summary judgment in favor of the DEA on USERRA and Title VII claims brought by a married couple formerly employed [Read more...]

Waiver of appellate review in employment agreement was enforceable; thus, employer cannot appeal to vacate arbitration award

April 13th, 2021

By Nicholas J. Kaster, J.D.
The validity of an appellate waiver in an arbitration agreement under the FAA was a matter of first impression in the Fourth Circuit.
The U.S. Court of Appeals for the Fourth Circuit has denied an employer’s appeal of a federal district court’s dismissal of its complaint seeking [Read more...]

Grocery store website not ‘a place of public accommodation’ under the ADA

April 12th, 2021

By Ronald Miller, J.D.
The statutory language of Title III defining “public accommodation” is unambiguous and clear, and describes public accommodations as tangible, physical places.
In a non-employment case, a divided Eleventh Circuit held that a grocery store’s website was not “a place of public accommodation under the ADA.” The appeals [Read more...]

Blind hospital dietitian’s request for flexible work schedule was not reasonable

April 12th, 2021

By Wayne D. Garris Jr., J.D.
After becoming legally blind, the dietitian could no longer make the 60-mile drive to work.
The Tenth Circuit affirmed a district court’s judgment that Colorado Plains Medical Center did not violate the ADA when it failed to accommodate a Clinical Dietitian’s request for a reasonable accommodation. After the [Read more...]