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Same-day firing of employee for safety violation may have been pretext for age, disability bias

April 18th, 2018

By Sean Myers
An employee’s discrimination lawsuit under the ADA, ADEA, and the state’s human rights act survived a summary judgment motion after a federal district court in Tennessee determined that the employer’s termination decision could have been pretextual. Further, the court found there was evidence the termination decision had the kind of discriminatory intent that [Read more...]

Churchgoers staffing ‘the Lord’s buffet’ are not statutory employees under FLSA

April 18th, 2018

By Lisa Milam-Perez, J.D.
Volunteers who help to staff a church-affiliated buffet restaurant are not statutory employees, the Sixth Circuit found, reversing a bench trial verdict in favor of the DOL on its claims that the church and its televangelist pastor violated the FLSA’s minimum-wage requirements by utilizing churchgoers’ unpaid labor at “the Lord’s buffet.” The [Read more...]

Furnishing only employees’ home addresses to union may not be enough under Excelsior

April 18th, 2018

By Ronald Miller, J.D.
Finding that the Excelsior rule requires an employer to provide a union with all employee address information in its possession—not just home addresses—to facilitate the union’s ability to communicate with potential voters, the Eleventh Circuit denied an employer’s petition for review of an NLRB order requiring the employer to bargain with the [Read more...]

Injunction preventing implementation of ban on military service by transgender individuals remains in effect

April 18th, 2018

By Kathleen Kapusta, J.D.
The nationwide preliminary injunction issued last December preventing the military from implementing President Trump’s ban on military service by openly transgender people will remain in effect, a federal district court in Washington announced, finding that each of the claims raised by the plaintiffs and the State of Washington remains viable. Further, said [Read more...]

Odd and aggressive behavior, refusing fit-for-duty exam doom employee’s ADA claims

April 17th, 2018

By Nicole D. Prysby, J.D.
An employee’s erratic and aggressive behavior was a sufficient basis for the employer to place him on leave and require him to undergo a fitness for duty exam before returning to work, held a federal district court in Illinois. Among other behaviors of note, he had stated that under the “unity” [Read more...]