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Requiring employees to use vacation or find coverage on Sabbath may violate Title VII

January 19th, 2018

By Lorene D. Park, J.D.
In a Title VII suit by two Seventh Day Adventists, who were fired for excessive absences after Kellogg’s new scheduling policy required they work every other Saturday, the Tenth Circuit refused the employee’s and amicus EEOC’s invitation to adopt a per se rule that a “reasonable” accommodation must completely eliminate the [Read more...]


Sheriffs get qualified immunity on employees’ First Amendment retaliation claims

January 19th, 2018

By Marjorie Johnson, J.D.
A county sheriff and undersheriff were entitled to qualified immunity from several subordinates’ claims of First Amendment retaliation, the Tenth Circuit ruled in reversing the lower court’s denial of their motion to dismiss. The law was not clearly established that a lieutenant’s refusal to make a false statement to the media fell [Read more...]


7-Eleven employee’s murder not foreseeable, so no liability for lack of security guard

January 19th, 2018

By Lorene D. Park, J.D.
7-Eleven, Inc., and its franchisee were not liable for failing to hire a security guard at a store from which an employee was leaving when he was murdered by either the suspect in a prior robbery he witnessed or by the suspect’s girlfriend. The employee was killed after his first day [Read more...]


Outlook calendar showed males scheduled for more meetings, bolstering fired female’s pretext argument

January 18th, 2018

By Marjorie Johnson, J.D.
Reconsidering and vacating its initial decision tossing a fired state agency director’s gender bias and retaliation claims on summary judgment, a federal court in Pennsylvania decided that a jury might disbelieve the employer’s proffered reasons for firing her—which included her alleged bad attitude, poor leadership, and bad working relationships—based on newly considered [Read more...]


Doc fired for drinking at holiday party advances age bias, retaliation claims

January 18th, 2018

By Harold S. Berman J.D.
A 67-year old physician fired by a medical organization after he tested positive for alcohol at a company function can proceed with his ADEA discrimination and retaliation claims, a federal district court in Arizona ruled. The court denied summary judgment on the discrimination claim, finding it disputed whether the physician was [Read more...]