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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...]


Fired after negative reference, employee advances retaliation, tortious interference claims against former employer

July 16th, 2018

By Kathleen Kapusta, J.D.
An employee who alleged she was terminated as a result of her former employer’s comment that she didn’t leave on good terms and her new employer’s belief she had filed a lawsuit against the former employer can advance her state-law retaliation claim against the former employer, but not the new employer, a [Read more...]


Right to ‘inspect’ other employer’s CBAs negotiated by union didn’t include right to take notes

July 16th, 2018

By Ronald Miller, J.D.
A union member’s statutory right to “inspect” collective bargaining agreements negotiated by her union with employers other than her own did not encompass a right to take notes while doing so, ruled the First Circuit. The appeals court first took the standard definition of “to inspect” as the statutory meaning. Thus, to [Read more...]