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Retention of less-qualified younger employee in RIF supports ADEA claim

April 24th, 2019

By Jeffrey H. Brochin, J.D.
The employee made the minimal showing required at the summary judgment stage that she was qualified for the position and suffered an adverse employment action because of her age.
Denying an employer’s motion for summary judgment against an employee’s age discrimination claims, a federal district court in Texas determined that the employee [Read more...]

UPS Ground fails in bid to challenge appropriateness of single-facility bargaining unit

April 23rd, 2019

By Ronald Miller, J.D.
Because UPS Ground failed to identify a defect in the NLRB’s decision to certify a union as bargaining representative for a unit of drivers at a distribution facility, the D.C. Circuit denied its petition for review and granted the Board’s cross-application for enforcement.
In view of the “significant evidence of local autonomy over [Read more...]

Actresses can move ahead with trafficking victims claim, but against Harvey Weinstein alone

April 23rd, 2019

By Brandi O. Brown, J.D.
Other claims naming Weinstein, Miramax, Disney, TWC, and others, including a TVPA participation claim, RICO claims, and state-law claims, were dismissed because of insufficient allegations or untimeliness.
Allowing a group of actresses to proceed with their Trafficking Victims Protection Act (TVPA) claims against Harvey Weinstein, a federal court in New York joined [Read more...]

RIF’d African-American HR employee advances race bias claim

April 23rd, 2019

By Victoria Moran, J.D., M.H.A.
A plant manager’s post-termination racial slur directed towards a terminated HR employee and specifically related to the termination may be seen as direct evidence of race-based discrimination.
An African-American senior HR employee can proceed with his race-based employment discrimination case after a federal district court in Virginia denied an employer’s motion for [Read more...]

Justices will rule on Title VII reach to sexual orientation and gender identity

April 22nd, 2019

By Pamela Wolf, J.D.
Certiorari was granted in three separate petitions involving a transgender funeral home employee, a gay skydiving instructor, and a gay child welfare services coordinator, all allegedly fired in violation of Title VII.
On April 22, the Supreme Court agreed to take on three cases that put the outer reaches of Title VII to the [Read more...]