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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...]

Superintendent who would not promote teacher, based on her father’s speech, gets qualified immunity

September 25th, 2017

By Kathleen Kapusta, J.D.
It was not apparent, said the Eleventh Circuit, that passing a public school teacher over for promotion based on comments made by her father would violate her constitutional rights because the case law upon which she relied was not particularized to the facts of her case but merely set out First Amendment [Read more...]

In calculating overtime, failure to aggregate hours of workers with two part-time jobs not ‘willful’

September 22nd, 2017

By Ronald Miller, J.D.
Agreeing with a district court that certain county employees did not present enough evidence to avoid a directed verdict on the county’s “willfulness” in failing to aggregate hours worked by employees who had two part-time jobs in calculating their overtime pay, the Third Circuit affirmed judgment for the employer on that issue. [Read more...]

EEOC nominees don’t appear committed to prior Title VII policy on LGBT discrimination

September 22nd, 2017

By Pamela Wolf, J.D.
On September 19, 2017, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing that included testimony from President Donald Trump’s nominees to serve as EEOC Commissioners, Janet Dhillon and Daniel Gade. The nominees faced some tough questions, including about their position on the EEOC’s controversial policy holding that Title [Read more...]