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Macy’s ‘offer’ to decline ‘benefits of arbitration’ was no offer; employee’s silence was no acceptance

July 19th, 2017

By Lisa Milam-Perez, J.D.
A Macy’s employee who claimed he was harassed and ultimately discharged due to his learning disability can’t be forced to arbitrate his ADA suit against the retailer, a federal district court in New York held. Macy’s contended that the employee had agreed to arbitrate employment-related disputes because he did not affirmatively decline [Read more...]


No individual liability for retaliation under the FCA

July 19th, 2017

By Robert B. Barnett Jr., J.D.
A medical billing clerk’s False Claim Act complaint against an ophthalmologist for retaliation was dismissed because the FCA provides liability only against the employer, not against the individual who owns the corporation, a federal district court in New York ruled. By enacting a 2009 FCA amendment which removed the phrase [Read more...]


What is a ‘close family relationship?’ Trump Administration asks Justices to clarify for travel ban

July 19th, 2017

By Pamela Wolf, J.D.
The Trump Administration has returned to the Supreme Court for relief that would allow further implementation of the president’s revised travel ban. On July 13, a district court in Hawaii entered an injunction preventing application of Sections 2(c), 6(a) and 6(b) of the revised travel ban (Executive Order 13,780) to exclude entry [Read more...]


Severe or pervasive standard clarified in case involving single use of n-word

July 18th, 2017

By Lorene D. Park, J.D.
Reversing the dismissal of a Section 1981 racial harassment claim by two African-American laborers against their staffing company employer and the company to which they were assigned to work, the Third Circuit acknowledged that its precedent has been inconsistent as to the proper standard to use in analyzing a hostile work [Read more...]


Bill gives EEOC flat funding; not to be used to implement new EEO-1 Report

July 18th, 2017

By Pamela Wolf, J.D.
The House Appropriations Committee has approved by a vote of 31-21 its fiscal year 2018 Commerce, Justice, and Science Appropriations bill, which funds the Departments of Commerce and Justice, the National Aeronautics and Space Administration, the National Science Foundation, and other related agencies, including the EEOC, which would get $363,807,000—about the same [Read more...]