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Officer who settled prior sex harassment suit advances First Amendment retaliation claim

January 23rd, 2020

By Joy P. Waltemath, J.D.
From the time she transferred in to the Major Crimes unit, she claimed she was subject to a “grossly sexist culture” that would “protect sexual harassers and cover up sexual abuse by officers.”
Although most of the statutory retaliation claims of a female officer were dismissed on timeliness or exhaustion grounds, her [Read more...]

Inviting Seventh Day Adventist to apply for Walmart jobs not requiring Saturday work was reasonable accommodation

January 22nd, 2020

By Kathleen Kapusta, J.D.
Granting summary judgment against the EEOC’s claim, the court noted that “Title VII does not contemplate ’unequal treatment’ between those employees with religious reasons for avoiding working on certain days and those who have ‘strong, but perhaps nonreligious reasons for not working on weekends.’”
Walmart’s offer to help a Seventh Day Adventist apply [Read more...]

Hispanic employees’ English-only discrimination class action against Chipotle falls short

January 22nd, 2020

By Georgia D. Koutouzos, J.D.
The employees failed to make the requisite showing of commonality or typicality necessary to support the certification of a class.
A federal district court in California denied an effort by a group of current and former employees at various Chipotle Mexican Grill locations in that state to bring a class action suit [Read more...]

Trucking association granted preliminary injunction barring enforcement of California AB 5

January 21st, 2020

By Ronald Miller, J.D.
Ninth Circuit precedent shows the FAAAA likely exempts “all or nothing” state laws like AB 5 that categorically prevent motor carriers from exercising their freedom to choose between independent contractors or employees.
A trucking association was granted a preliminary injunction barring the enforcement of California’s AB 5 against motor carriers and owner-operators in [Read more...]

Painting company faces trial after firing recovering opioid addict who used prescribed methadone

January 21st, 2020

By Marjorie Johnson, J.D.
Pretext was suggested by the employer’s failure to follow its own policy when it discharged the painter for purportedly failing to obtain his doctor’s verification, as well as by the decisionmaker’s comment that “we don’t normally hire people on methadone.”
A jury will decide whether a certified industrial painter who used prescribed methadone [Read more...]