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Lack of statistical evidence doomed disparate impact claim by bank worker fired for prior fraud conviction

August 15th, 2018

By Marjorie Johnson, J.D.
Wells Fargo did not violate the ADEA when it fired an employee after learning he had a prior conviction for a crime involving dishonesty or breach of trust, which disqualified him from employment with the FDIC-insured bank under a federal law known as “Section 19.” Though his widow argued that the bank’s [Read more...]


Female prof’s transfer after reporting supervisor’s sexual harassment not ‘voluntary’

August 15th, 2018

By Nicole D. Prysby, J.D.
A professor’s agreement to transfer to a different department was not voluntary where her university employer misled her about the potential effect on her career, held the First Circuit. The professor alleged that the chair of her department (also her direct supervisor) was sexually harassing her. She reported the behavior and [Read more...]


NLRB properly allowed stationary picketing outside nonemergency hospital entrance

August 14th, 2018

By Robert Margolis, J.D. and Lisa Milam, J.D.
The D.C. Circuit has upheld the NLRB’s determination that off-duty hospital employees holding picket signs on hospital property next to a nonemergency entrance were engaged in protected activity. The Board correctly applied the framework set forth in Republic Aviation Corp. v. NLRB to reject the hospital’s attempt to [Read more...]


Suspicious explanations, ageist comments, younger replacement support revival of prof’s age-bias claim

August 14th, 2018

By Marjorie Johnson, J.D.
A college’s insufficient and inconsistent explanations for a professor’s discharge, along with evidence that he was replaced by someone younger and that a supervisor directly involved in the decisionmaking process made repeated discriminatory remarks about older workers, provided sufficient evidence to create a triable issue as to pretext, the D.C. Circuit ruled [Read more...]


Prior supervisor’s year-old positive review didn’t suggest employee’s disciplinary firing was pretextual

August 13th, 2018

By Marjorie Johnson, J.D.
Fired following his purported violation of patient confidentiality rules, which was a hospital employee’s fourth and last allowable offense under its progressive discipline policy, the employee failed to revive his disability bias claim asserting that two new supervisors harbored animus against him due to his attention deficit disorder (ADD) and other disabilities. [Read more...]