About Us  |  About Cheetah®  |  Contact Us

News

Subscribe to the Employment Law Daily RSS Subscribe

ADA didn’t require automatic reassignment when employee didn’t apply for it

September 26th, 2017

By Lorene D. Park, J.D.
Granting summary judgment against the EEOC’s ADA wrongful discharge claim, a federal district court in South Carolina agreed with a magistrate judge that a long-time employee could no longer perform the essential functions of her position due to deteriorating health, so was not a “qualified individual” under the ADA. The court [Read more...]


EEOC fails with novel continuing violation theory in harassment, constructive discharge claims

September 26th, 2017

By Kathleen Kapusta, J.D.
Dismissing the EEOC’s claims of sexual harassment, constructive discharge, and retaliation against three companies brought on behalf of five former male employees, a federal district court in Hawaii found the continuing violation doctrine does not, as the EEOC argued, cover individuals who did not themselves suffer any unlawful employment practice within the [Read more...]


Was doc’s email ending with ‘have mercy on our souls’ a threat justifying termination for cause?

September 26th, 2017

By Lorene D. Park, J.D.
Finding that it would “stretch the imagination” to conclude that a physician’s “Last Thoughts” email sent two days after receiving 120 days’ notice of his termination without cause was an implicit threat justifying his subsequent termination for cause under a workplace violence policy, a federal district court in Pennsylvania denied summary [Read more...]


Worker can’t get multi-month leave after FMLA exhaustion; extended absence unreasonable

September 25th, 2017

By Marjorie Johnson, J.D.
An employee’s request for a multi-month medical leave of absence following his exhaustion of FMLA leave was beyond the scope of a reasonable accommodation under the ADA, the Seventh Circuit ruled in affirming dismissal of his ADA claim on summary judgment. Though the EEOC filed a brief as amicus curiae urging for [Read more...]


FLSA plaintiff-employees protected from producing tax IDs, other discovery aimed at immigration status

September 25th, 2017

By Lorene D. Park, J.D.
In an FLSA suit against a Mexican restaurant, a federal district court in Kentucky granted a protective order precluding the employer from inquiring into the plaintiffs’ tax identification information and information concerning their relatives. Such information is closely linked to immigration status, noted the court, and the employer’s inquiry “presents a [Read more...]