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Manager’s disability claims proceed where store failed to explore scheduling accommodations

April 24th, 2018

By Nicole D. Prysby, J.D.
Because fact questions remained as to whether an employer failed to engage in the interactive process after a store manager requested a permanent scheduling accommodation, the manager survived the employer’s motion for summary judgment on his failure-to-accommodate claim under the ADA. The employee’s doctor had recommended that he not be scheduled [Read more...]


Error to find that individual issues predominated in nurses’ state wage suit for missed breaks

April 24th, 2018

By Ronald Miller, J.D.
A unanimous Washington Supreme Court ruled that a trial court abused its discretion in denying class certification of a wage suit filed by a group of hospital nurses. The trial court failed to set forth the factual findings that would support an order denying class certification and failed to identify the evidence [Read more...]


Company need not turn over internal sexual harassment investigative report prepared by outside counsel

April 24th, 2018

By Marjorie Johnson, J.D.
A female executive who brought a lawsuit against her former employer claiming its CEO fired her because she rejected his sexual advances was not entitled to discovery of the reports and factual findings from an internal investigation into allegations of sexual harassment against the CEO, which had been conducted by outside counsel. [Read more...]


EEOC’s ‘take-it-or-leave-it’ conciliation approach was acceptable

April 24th, 2018

By Marjorie Johnson, J.D.
The EEOC met its obligation to conciliate even if it adopted a “take-it-or-leave-it” approach to negotiations, and its notice of determination set forth sufficient details to alert the employer as to the details of the allegations against it, a federal court in Maryland held, denying the employer’s motion to dismiss the agency’s [Read more...]


Opt-in plaintiffs who filed consents remain parties after conditional certification denied in FLSA collective action

April 23rd, 2018

By Ronald Miller, J.D.
In “a question of first impression in every circuit,” the Eleventh Circuit ruled that individuals who opt into collective actions under the FLSA need only file a written consent to become a named party to the case. After first holding that it had jurisdiction to entertain the opt-in plaintiffs’ appeal, and that [Read more...]