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Hospital staff may be ‘officials’ or ‘policymakers’ in their treatment of deaf patient, triggering employer Rehab Act liability

August 21st, 2019

By Marjorie Johnson, J.D.
A jury could find staff observed the patient struggling to communicate, knew she mostly used sign language and lacked the education to communicate in writing, and deliberately failed to call for an interpreter despite its authority to do so.
Hospital staff members who failed to provide a deaf patient with an American Sign [Read more...]

Denial of class certification reversed in major win for minor league baseball players

August 20th, 2019

By Wayne D. Garris Jr., J.D.
The choice of law issues which prompted the district court to deny certification of two of the players’ proposed state law classes did not overwhelm the class claims. The Ninth Circuit also affirmed certification of the remaining classes.
A class of minor league baseball players may proceed with their proposed class [Read more...]

Jury must decide ADA, Title VII claims of black detective placed on leave, then fired after asking not to be Tasered

August 20th, 2019

By Kathleen Kapusta, J.D.
The detective was placed on indefinite leave on June 17, informed on July 1 she would not be allowed to return to work until medically cleared, and fired a week later for being absent without leave—despite her request to return to work.
On remand from the en banc Eleventh Circuit, which had vacated [Read more...]

HUD’s alternative, non-telecommuting accommodations of modified schedule, time for therapy were reasonable

August 20th, 2019

By Joy P. Waltemath, J.D.
Full or part-time telecommuting wasn’t the only reasonable accommodation, just the accommodation the HUD attorney wanted.
Agreeing with a district court that no reasonable jury could find that HUD failed to accommodate the medical needs of one of its attorneys after she had carpal tunnel surgery, the Seventh Circuit affirmed the dismissal [Read more...]

Collective action wage claims by exotic dancers revived; proof of employee status not jurisdictional

August 20th, 2019

By Ronald Miller, J.D.
When determining whether a statutory threshold is a jurisdictional barrier, the Ninth Circuit asks whether Congress clearly labeled the requirement as jurisdictional and whether the requirement is located in a jurisdictional-granting provision; if so, Congress likely intended it to be jurisdictional.
A federal district court erred in dismissing with prejudice a suit brought [Read more...]