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Embarrassing group email, disciplinary write-ups not adverse actions, no constructive discharge

March 28th, 2017

By Lorene D. Park, J.D.
Granting summary judgment against discrimination and retaliation claims by a former Home Depot store manager, a federal court in California found that she failed to show she suffered an adverse employment action, as required to support claims under California’s Fair Employment and Housing Act. While she was issued disciplinary write-ups and [Read more...]

Withdrawing job over applicant’s support of women’s shelter may have violated Fair Housing Act

March 27th, 2017

By Kathleen Kapusta, J.D.
Reversing the dismissal of a plaintiff’s Fair Housing Act (FHA) claim against Western & Southern Financial Group, which rescinded its employment offer to her because she signed a petition supporting a women’s shelter while it was engaged in a lengthy dispute with the shelter, the Sixth Circuit found she presented a plausible [Read more...]

Home Depot may be liable in tort for employee’s murder by supervisor

March 27th, 2017

By Kathleen Kapusta, J.D.
This tragic case, said the Seventh Circuit, which ended in the death and rape of a pregnant employee at the hands of her supervisor, “tests the scope of Illinois employers’ tort liability for intentional torts committed by their supervisory employees against other employees where the employer has been negligent.” Finding that Illinois [Read more...]

Confidentiality agreement unlawful, but investigation nondisclosure policy OK; not ‘categorically’ applied

March 27th, 2017

By Marjorie Johnson, J.D.
A confidentiality agreement that restricted employees from discussing ongoing disciplinary investigations involving themselves or coworkers ran afoul of their established rights under federal labor law to share employment-related information with one another, the D.C. Circuit held, affirming the NLRB’s ruling on that issue. However, it rejected the Board’s determination that the employer’s [Read more...]

7th Circuit tees up ‘fair share’ fee suit for High Court

March 24th, 2017

By Lisa Milam-Perez, J.D.
A federal district court properly rejected a challenge brought by two Illinois state workers hoping to bar their unions from collecting “fair share” fees from nonmembers. The Illinois Public Labor Relations Act allows for such fees and the First Amendment does too, according to the U.S. Supreme Court’s 1977 decision in Abood [Read more...]