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Comments about 42-year-old female VP’s “shorter shelf life” support sex-plus-age bias claims

October 30th, 2014

By Marjorie Johnson, J.D.
Ruling that a 42-year-old female employee could advance her “sex-plus-age” discrimination claim under the Minnesota Human Rights Act, a federal district court in Minnesota found that she cast sufficient doubt on her employer’s assertion that she was placed on a third “performance improvement plan” (PIP) due to agent complaints and subsequently discharged [Read more...]

After exceeding PIP requirements, employee fired anyway; disability bias claims advance

October 30th, 2014

By Victoria C. Cohen, J.D.
A hospital that purportedly slowly built a case against an employee in order to terminate her on seemingly pretextual grounds will face a jury on the employee’s claims of disability discrimination and failure to accommodate, a federal court in Oklahoma determined. While the court also denied summary judgment on her FMLA [Read more...]

Fox reporter fired after non-pejorative use of “n-word” advances cat’s paw race bias claims

October 30th, 2014

By Kathleen Kapusta, J.D.
A white reporter allegedly terminated after he used the “n-word” in a non-pejorative manner while discussing a story during a newsroom editorial meeting can proceed to trial under the cat’s paw theory of liability on his race discrimination claim, a federal district court in Pennsylvania ruled. Refusing to reconsider its prior order [Read more...]

Jury: Security guard with one arm unlawfully discharged based on customer complaint

October 29th, 2014

A jury in the Southern District of Florida issued a verdict in favor of the EEOC when it found that a licensed security guard with only one arm was unlawfully discriminated against based on his limb loss. The jury determined that Florida Commercial Security Services violated the ADA when it removed the guard from his [Read more...]

UPS changes light-duty policy while pregnancy discrimination case awaits review

October 29th, 2014

By Pamela Wolf, J.D.
UPS has filed its brief on the merits in a case before the Supreme Court that will likely flesh out employers’ obligations when it comes to accommodating employees who are pregnant. Although a federal appeals court ruled that the employer had not discriminated against a pregnant employee who was unable to work [Read more...]