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Democratic lawmakers probe EEOC Chair Janet Dhillon’s reported conciliation pilot

June 26th, 2020

By Pamela Wolf, J.D.
Purportedly, the Chair implemented the pilot without consideration of the full Commission, and while it would ease employer burdens, the pilot would undermine the core purpose of ending workplace discrimination.
Senator Patty Murray (D-Wash.) and Congressman Bobby Scott (D-Va.) are pressing EEOC Chair Janet Dhillon to halt the implementation [Read more...]

OSHA may not withhold work-related injury and illness data under confidential commercial information FOIA exemption

June 26th, 2020

By Robert Margolis, J.D.
DOL failed to satisfy its burden of showing that employers actually kept information confidential.
The Department of Labor must produce, in response to FOIA requests, approximately 237,000 records employers have submitted to the Occupational Safety and Health Administration (OSHA) that contain the employers’ work-related injury and illness data, a [Read more...]

DHS finalizes rules on employment authorization for asylum seekers

June 25th, 2020

By Pamela Wolf, J.D.
The final rule does not alter asylum eligibility criteria in any way, but it outlines new requirements for employment authorization while asylum applications are pending—requirements that may endanger the health, safety and lives of asylum seekers, say critics of the rule.
Under a final rule issued by the Department [Read more...]

Demoted police officers advance reprisal claims after recommending that another officer be fired for use of force

June 25th, 2020

By Randall Holbrook, J.D.
Among other things, the city claimed the two demoted police officers were just expressing opinion, not making an actionable disclosure under the Texas Whistleblower Act.
The Texas Whistleblower Act retaliation claims of two demoted Fort Worth police officers who contended they were demoted for recommending the firing of [Read more...]

UPS package sorter who soiled himself after bathroom break denied can bring emotional distress claim

June 25th, 2020

By Ronald Miller, J.D.
The claim for intentional infliction of emotional distress was defined by Texas law. It did not require interpretation of a collective bargaining agreement, and so was not preempted.
A UPS employee whose manager refused to let him use the restroom until after he defecated on himself may pursue [Read more...]