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Insubordination or gender bias? Washington high court revives fired manager’s claim

October 26th, 2017

By Harold S. Berman J.D.
A 57-year old woman fired by a utility company following her manager’s history of allegedly discriminatory and offensive behavior could proceed with her gender discrimination claim under the Washington Law Against Discrimination, the Washington Supreme Court ruled. The state high court reversed the lower court’s grant of summary judgment on her [Read more...]

Second Circuit to take up whether Rule 68 settlement in FLSA case requires judicial approval

October 25th, 2017

By Lorene D. Park, J.D.
Even though the parties in this FLSA suit did not timely file with the Second Circuit a Section 1292(b) petition for interlocutory review, the appeals court decided that under the circumstances here, it should deem the notice of appeal, which was timely filed with the district court and then transmitted to [Read more...]

Chronic back condition, disputed notice issues leave FMLA claims standing

October 25th, 2017

By Joy P. Waltemath, J.D.
FMLA interference and retaliation claims of a terminated manufacturing employee would survive summary judgment, ruled a federal district court in Kentucky, finding the employee’s spinal arthritis, lumbago, and muscle spasms qualified as a chronic serious health condition for which he had twice visited his physician and was receiving medication. Given that [Read more...]

Even if Ford ‘gamed system’ by settling with EEOC to undercut class action, court won’t stay settlement notice

October 24th, 2017

By Lorene D. Park, J.D.
Though acknowledging the seriousness of claims by 33 named plaintiffs in this putative class action that Ford allowed ongoing sexual harassment of its female employees for decades, and despite Ford’s apparent “gamesmanship” in seeking to undercut class certification by settling with the EEOC through its conciliation process, a federal district court [Read more...]

No regarded-as disabled claim for employee required to undergo medical exam after unusual behavior

October 24th, 2017

By Kathleen Kapusta, J.D.
Granting summary judgment against an employee’s ADA “perceived as” disabled claim, a federal court in Michigan found her job performance issues, coupled with her unusual behavior—which included accusing her coworkers of placing listening devices in her office—provided her employer with a reasonable basis for referring her for an independent medical evaluation. Further, [Read more...]