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EEOC advances pattern or practice claim that affiliated companies favored Hispanic applicants

September 22nd, 2017

By Marjorie Johnson, J.D.
The EEOC plausibly alleged that an employer and its affiliated companies maintained a policy of giving hiring preference to Hispanic and Spanish-speaking applicants. Denying the defendants’ motion to dismiss, a federal court in California held that the EEOC’s pre-suit requirements were non-jurisdictional and that it adequately pled that it had met them. [Read more...]

NLRB: Employer’s conflicting signals mean it failed to effectively repudiate CBA

September 21st, 2017

By Ronald Miller, J.D.
By failing to respond to a union’s request for information, an employer violated NLRA Section 8(a)(5), ruled a divided three-member panel of the NLRB. The Board rejected the employer’s contention that it earlier had effectively repudiated the parties’ collective bargaining agreement during its term and that the union had clear and unequivocal [Read more...]

West Virginia right-to-work law is constitutional

September 21st, 2017

By Harold S. Berman J.D.
West Virginia’s new right-to-work law can be implemented despite constitutional challenges from several unions, the Supreme Court of Appeals of West Virginia ruled. Reversing and remanding a state circuit court’s decision to issue a preliminary injunction that temporarily halted the law’s implementation, the state high court found the court below abused [Read more...]

Changing job criteria in middle of hiring process supports pretext inference in nonselection claim

September 21st, 2017

By Kathleen Kapusta, J.D.
Evidence that an employer changed the criteria for a position midway through the hiring process, relied on subjective justifications for selecting white candidates over an African-American applicant, and provided a shifting explanation for the selection decision supported an inference of pretext sufficient to deny summary judgment against the applicant’s Title VII race [Read more...]

To assess debtor’s intent in omitting civil claims in bankruptcy, consider everything

September 20th, 2017

By Kathleen Kapusta, J.D.
Overruling prior precedent approving the inference that a plaintiff intended to make a mockery of the judicial system solely because she failed to disclose her civil claim in bankruptcy, the en banc Eleventh Circuit, in agreement with the Sixth, Seventh, and Ninth Circuits, held that district courts should consider all the facts [Read more...]