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Claim that supervisor used unsubstantiated drug charge to oust employee who sought FMLA leave advances

June 18th, 2018

By Lorene D. Park, J.D.
Refusing to dismiss an employee’s FMLA retaliation claims against his employer and two supervisors individually, a federal district court in Illinois found that he plausibly alleged that his supervisors used unsubstantiated drug charges as an opportunity to suspend him indefinitely and effectively discharge him in retaliation for his request for intermittent [Read more...]

NLRB: Discipline unlawfully motivated by ULP charges, not driver’s failure to secure gas cylinders

June 18th, 2018

By Ronald Miller, J.D.
An employer issued a written warning to an employee for having filed unfair labor practice charges with the Board, not because he drove his truck with improperly secured gas cylinders in the trailer, ruled the NLRB in a 2-1 decision. The Board agreed with an administrative law judge that the evidence as [Read more...]

CSX Transportation to pay $3.2M to settle EEOC disparate impact suit over pre-employment testing

June 15th, 2018

CSX Transportation, Inc. (CSXT), one of the nation’s leading transportation suppliers, will pay $3.2 million and furnish other relief to settle a companywide sex discrimination lawsuit filed by the EEOC, the federal agency announced on June 13.
Pre-hire tests. According to the EEOC, CSXT conducted isokinetic strength testing as a requirement for workers to be hired [Read more...]

EEOC settlement meant Halliburton rehiring employee, even if no vacancy

June 15th, 2018

By Nicole D. Prysby, J.D.
Because a settlement agreement with the EEOC required Halliburton to rehire an employee conditioned only upon his passing a medical screening, which he did, so Halliburton breached the agreement by not rehiring him, concluded a federal district court in Mississippi. The agreement did not require that there actually be a vacancy, [Read more...]

Because hospital already knew of alleged violation, fired nurse wasn’t ‘whistleblowing’

June 14th, 2018

By Lorene D. Park, J.D.
Affirming summary judgment against a nurse’s claim she was fired in retaliation for reporting to her employer that it violated the Emergency Medical Treatment and Active Labor Act (EMTALA) when it discharged a pregnant patient from the ER, the Third Circuit explained that her own testimony made clear the attendees at [Read more...]