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Former news anchor’s settlement terms with Fox compel arbitration of her defamation suit against O’Reilly

October 17th, 2018

By Joy P. Waltemath, J.D.
Although Bill O’Reilly was not a party to the settlement agreement between a former Fox News anchor and Fox, which settled numerous sexual harassment claims against O’Reilly and Fox, including the plaintiff’s here, O’Reilly was able to compel arbitration of her defamation lawsuit against him under the terms of her settlement [Read more...]


CBA allowed arbitrator to look to state concealed-carry law; reinstatement of employee fired for gun in car upheld

October 16th, 2018

By Ronald Miller, J.D.
Finding that the text of a collective bargaining agreement permitted an arbitrator to look to external law in interpreting the agreement, the Seventh Circuit reversed the judgment of a district court and upheld the arbitrator’s award ordering reinstatement of an employee who was fired over a firearm lawfully stored in his car. [Read more...]


3-1 NLRB finds benefit changes comparable with past practice of unilateral actions lawful

October 16th, 2018

By Ronald Miller, J.D.
On remand from the D.C. Circuit, a four-member panel of the NLRB, in a 3-1 decision, dismissed consolidated cases, after finding that an employer did not violate Section 8(a)(5) and (1) by implementing annual unilateral changes to unit employees’ benefits after expiration of collective bargaining agreement that contained a reservation of rights [Read more...]


Bank teller fired after absence for abortion states plausible PDA claim

October 16th, 2018

By Lorene D. Park, J.D.
Refusing to dismiss a Title VII suit by a credit union employee who was fired because she was absent to have a medical procedure to terminate a pregnancy, a federal district court in Florida found that her EEOC charge alleging wrongful discharge and describing the facts surrounding her termination was enough [Read more...]


Divided 10th Circuit says adverse employment action required for failure-to-accommodate claims

October 15th, 2018

By Lorene D. Park, J.D.
Finding no reversible error in a district court’s jury instructions on a county employee’s failure-to-accommodate claim, the Tenth Circuit held that an adverse employment action is an element of all discrimination claims under the ADA, including those based on the failure to accommodate a disability, and without an adverse action the [Read more...]