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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...]

Walmart’s silence after settlement demand did not lull employee into missing EEOC charge deadline

June 14th, 2018

By Lorene D. Park, J.D.
Affirming summary judgment against a former Walmart employee’s ADA claims, the Eighth Circuit agreed with a district court that settlement communications between Walmart and the employee’s attorney did not show any misconduct by Walmart that lulled the employee into missing the deadline for timely filing an EEOC charge. Consequently, equitable estoppel [Read more...]

Employer can’t enforce arbitration agreement it failed to sign

June 14th, 2018

By Ronald Miller, J.D.
Finding that the express language of an arbitration agreement required for it to be signed by both parties and because it is undisputed that an employer did not sign the agreement, the Fifth Circuit reversed a district court’s judgment compelling an employee to arbitrate her claims. Although Texas courts have held that [Read more...]

EEOC’s Sec. 707(a) severance agreement suit against CVS doesn’t warrant attorneys’ fee award

June 13th, 2018

By Joy P. Waltemath, J.D.
Finding the EEOC’s Section 707(a) pattern or practice lawsuit against CVS Pharmacy over its use of a broad (and potentially chilling) severance agreement to be neither legally nor factually frivolous, the Seventh Circuit reversed an attorneys’ fee award to CVS of over $300K. Stressing that “it takes much more than a [Read more...]