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No association disability bias claim where employer knew only that employee’s wife collapsed, stopped breathing

March 27th, 2018

By Kathleen Kapusta, J.D.
Because of a “dearth” of case law interpreting the ADA’s association provision, a federal district court in Pennsylvania examined cases in which employers were unaware of the plaintiffs’ disabilities before concluding that Chipotle was entitled to summary judgment against the association discrimination claim of an employee fired days after his wife was [Read more...]

Jury to say whether employer had notice of employee’s in loco parentis relationship with grandmother

March 27th, 2018

By Joy P. Waltemath, J.D.
Despite a confusing sequence of events, in which an employee called HR to falsely request bereavement leave related to the death of her grandfather, when she actually intended to assist her grandmother, who suffered with dementia, to visit family—and then did not timely return from that leave but instead called back [Read more...]

Pizza chain can’t retroactively use delivery drivers’ tips to offset vehicle expenses

March 26th, 2018

By Marjorie Johnson, J.D.
A local pizza chain could not use delivery drivers’ tips to reimburse their vehicle expenses for purposes of meeting minimum wage requirements, since the notice to tipped employees stated only that it would take a tip credit that was exactly the difference between the drivers’ cash wage and the minimum wage rate. [Read more...]

Pregnant FedEx worker denied temporary reassignment advances disparate impact claim

March 26th, 2018

By Kathleen Kapusta, J.D.
A part-time FedEx employee who was placed on a lifting restriction after becoming pregnant, and who was then not allowed to continue working because the restriction prevented her from being able to lift 75 pounds, can proceed to trial on her disparate impact claim under the Pregnancy Discrimination Act, a federal court [Read more...]

Trump not ‘above the law’: Defamation suit by sexual misconduct accuser (and former job applicant) goes forward

March 23rd, 2018

By Pamela Wolf, J.D.
In a case that puts the spotlight of the “MeToo” movement on the White House, a New York state court judge has refused to let President Donald Trump off the hook on a defamation lawsuit filed by a woman who accused him of sexual misconduct in 2007, when she met with him [Read more...]