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Driver’s state-law claim based on lawful non-work use of alcohol revived, but not his ADA claim

July 18th, 2018

By Kathleen Kapusta, J.D.
Reversing the grant of summary judgment on the state-law claim of a delivery driver who, while on a light-duty assignment, was fired when he failed two breathalyzer tests administered before the start of his shift, the Ninth Circuit found fact issues as to whether his use of alcohol affected his job or [Read more...]


Hospital that began unconditional bargaining, then refused to continue, is subject to preliminary injunction

July 18th, 2018

By Ronald Miller, J.D.
An NLRB regional director showed a sufficient likelihood of success in establishing that an employer withdrew recognition from a union, and refused to bargain unconditionally, as well as a continuing threat of irreparable harm to the union’s collective bargaining rights to support injunctive relief, ruled the Ninth Circuit. The appeals court found [Read more...]


Officer’s claims against state attorney who read letter containing racial slurs out loud barred by prosecutorial immunity

July 17th, 2018

By Kathleen Kapusta, J.D.
Addressing interlocutory appeals that were part of a broader litigation alleging pervasive race discrimination and unlawful retaliation against three African-American municipal police officers, the Fourth Circuit, affirming in part the decision of the court below, found that prosecutorial immunity barred one officer’s claims that a state attorney created a racially hostile work [Read more...]


Jury to decide EEOC quid pro quo claims on behalf of teen Subway applicants who alleged manager asked for sex

July 17th, 2018

By Kathleen Kapusta, J.D.
The Title VII quid pro quo sex discrimination claims brought by the EEOC on behalf of two 17-year-old girls who alleged a Subway manager sent them texts asking for sex after they applied for a job can proceed to trial, a federal district court in New York determined, denying cross-motions for summary [Read more...]


EEOC’s six-year delay, and who ‘broke’ the interactive process, necessitate trial on veteran’s disability bias claim

July 17th, 2018

By Lorene D. Park, J.D.
Denying motions for summary judgment by both the EEOC and by the casino it claimed violated the ADA by failing to accommodate a bike security officer who requested leave for Post-Traumatic Stress Disorder (PTSD), a federal court in Nevada found that further discovery was needed to decide whether the EEOC was [Read more...]