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Firing Asian postal worker after EEO activity, sleeping on job was retaliatory

December 19th, 2018

By Harold S. Berman J.D.
An Asian postal service police officer who was suspended several times and then terminated after engaging in EEO activity, and also after being accused of sleeping on the job, was entitled to back pay for retaliation, the First Circuit ruled. The appeals court affirmed the federal district court’s Title VII retaliation [Read more...]

Male lawfully selected for principal position due to experience, paid more due to salary freeze

December 18th, 2018

By Lorene D. Park, J.D.
Affirming summary judgment against sex discrimination and retaliation claims by a former school principal whose school was closed (along with others) due to lack of enrollment, the Seventh Circuit found that she failed to raise triable issues where a male candidate was selected to be principal at another school because of [Read more...]

Congressional #MeToo compromise bill approved, discarded provisions to land in new bill next session

December 18th, 2018

By Pamela Wolf, J.D.
Congress has finalized proposed reforms to procedures governing how sexual harassment and other workplace discrimination claims against legislators are handled, with the Senate approving the compromise bill early on December 13, and the Senate passing it later that day. The harmonized bill, S. 3749, cleared both chambers the same day it was [Read more...]

Arbitrator mistakenly decided arbitrability question he was not empowered to answer

December 17th, 2018

By Ronald Miller, J.D.
Finding that a district court echoed the legal errors in an arbitrator’s analysis of a grievance, a divided Ninth Circuit reversed the confirmation of an arbitration award in favor of an employer in a dispute over vacation time owed to employees of a third-party vendor. The appeals court found that the arbitrator’s [Read more...]

Wage order allowing healthcare workers to waive second meal period did not violate California Labor Code

December 17th, 2018

By Brandi O. Brown, J.D.
In a case considered twice by the Court of Appeal, with different results, the California Supreme Court has approved the lower court’s second look, agreeing that a wage order of the state’s Industrial Welfare Commission (IWC) allowing healthcare workers to waive second meal periods for shifts over 12 hours long does [Read more...]