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Rehab Act claims of visually impaired employee denied request for meeting materials revived

October 11th, 2018

By Kathleen Kapusta, J.D.
A reasonable jury could find a visually impaired employee’s request that materials for on-site meetings be distributed to her in large font, or in advance, was a reasonable accommodation, held the Fifth Circuit, noting that it has explicitly rejected the requirement that in order to constitute a reasonable accommodation, requested modifications must [Read more...]

Fired nurse-supervisor advances cat’s paw bias claims based on ageist remarks

October 10th, 2018

By Joy P. Waltemath, J.D.
Although a 54-year-old supervisory nurse was fired at the end of her “introductory period” by the same actor who hired her 90 days earlier, and all the other nurse-supervisors with whom she worked were over 40 years old, her age discrimination and retaliation claims survived summary judgment on the strength of [Read more...]

Worker’s failure to explain medical reason for FMLA leave dooms bias claims

October 10th, 2018

By Brandi O. Brown, J.D.
A winery employee who missed work because of emergency surgery, but who failed to explain his need for leave beyond saying it was “personal,” cannot proceed with his state-law disability discrimination claims against his former employer, a federal district court in California ruled. He presented no evidence raising a genuine dispute [Read more...]

Primary duty of sales reps was installations, so no ‘outside sales’ exemption from overtime

October 9th, 2018

By Ronald Miller, J.D.
Holding that a reasonable factfinder could find that Territory Sales Representatives (TSRs) for a cable, television, and internet provider spent the majority of their time at work performing non-exempt work (installations), the Second Circuit vacated a district court order concluding that they were “outside salesmen” exempt from the FLSA overtime provision. Reversing [Read more...]

On remand, divided NLRB says strike-related misconduct severe enough to lose NLRA protection

October 9th, 2018

By Ronald Miller, J.D.
On remand from the D.C. Circuit, a divided three-member panel of the NLRB ruled that an employee’s strike-related misconduct was of sufficient severity to lose the protection of the NLRA. The employee was accused of repeatedly cutting off a company truck on a four-lane public highway, with vehicles traveling at speeds of [Read more...]