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Review Commission’s lockout/tagout citation for freight elevator repair injury affirmed

August 19th, 2014

By Brandi O. Brown, J.D.
Five years after a service mechanic suffered a severe laceration to his finger while unjamming a chain that was upholding a gate on a freight elevator at a store, a three-judge panel of the D.C. Circuit affirmed an Occupational Safety and Health Review Commission order reinstating a citation issued to the [Read more...]

Finding flexible schedule to be unreasonable accommodation as a matter of law was wrong

August 19th, 2014

By Ronald Miller, J.D.
Finding that nothing in the Rehabilitation Act takes a flexible schedule off the table as a reasonable accommodation as a matter of law, the D.C. Circuit reversed a district court’s grant of summary judgment in favor of the Department of Agriculture. An employee who suffered depression sought substantial flexibility in her working [Read more...]

Jury will hear DOL whistleblower suit for employee who helped coworker with OSHA complaint

August 18th, 2014

By Brandi O. Brown, J.D.
The DOL may proceed with a whistleblower suit against the U.S. Postal Service alleging that it retaliated against an employee who assisted a coworker with her OSHA complaint by providing information about her rights and contact information, a federal district court in Washington ruled. On the same day that USPS learned [Read more...]

Forwarding patient information to personal email to assist coworker’s bias suit not protected

August 18th, 2014

By Marjorie Johnson, J.D.
An employee who was fired because she refused to delete emails containing confidential patient information, which she purportedly forwarded to her personal email account in order to preserve evidence for a former coworker’s age-bias suit, cannot advance to trial on her retaliation claims. In an unpublished opinion affirming summary judgment in the [Read more...]

Reporting coworker’s race bias claim, without belief in its truth, not protected

August 15th, 2014

By Kathleen Kapusta, J.D.
An employee who believed she had a duty to report her coworker’s concerns that she had been discriminated against based on her race, even though the employee herself did not believe the coworker had been subjected to any discriminatory treatment, could not advance her claim that her subsequent termination for lying violated [Read more...]