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Demoted African-American auto worker advances Title VII retaliation claim; discrimination claim dismissed

November 17th, 2017

By Harold S. Berman J.D.
An African-American manager for General Motors who was demoted for performance issues after he complained about his supervisor’s racial remarks could proceed with his Title VII retaliation claim, but not his discrimination claim, a federal district court in Kansas ruled. The court granted General Motors’ summary judgment motion on the discrimination [Read more...]


Minimum wage compliance based on entire workweek, not individual hour within workweek

November 17th, 2017

By Ronald Miller, J.D.
On an issue of first impression in the Ninth Circuit, the appeals court held that the relevant unit for determining minimum wage compliance under the FLSA is the workweek as a whole, not the individual hour within the workweek. In this instance, Xerox used subsidy pay to ensure that its call center [Read more...]


Flight attendant fired after suspiciously ‘calling in sick’ never gave notice of intent to take FMLA leave

November 17th, 2017

By Marjorie Johnson, J.D.
A flight attendant who was fired for dishonesty after reporting that she would be late due to a delayed commuter flight, but then flippantly saying she was “calling in sick” upon learning that she would be deemed a no-show, failed to defeat summary judgment on her FMLA interference and retaliation claims. A [Read more...]


Black coworker’s higher pay alone doesn’t support white worker’s reverse race bias claim

November 17th, 2017

By Kathleen Kapusta, J.D.
Affirming summary judgment against a white employee’s reverse race discrimination claim, which was premised solely on one African-American coworker in the same department who performed similar duties and received a higher salary, the Seventh Circuit found no evidence beyond the fact that the employee was white and his coworker was African-American to [Read more...]


‘Too butch’ employee advances gender non-conformity—not sexual orientation bias—claim

November 17th, 2017

By Marjorie Johnson, J.D.
A credit union employee who was purportedly told her appearance was “too butch,” passed over for promotions due to her supervisor’s animus toward lesbians, and told that she didn’t believe in God since she was gay, plausibly alleged claims of gender non-conformity discrimination under Title VII and the Kentucky Civil Rights Act, [Read more...]