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Inconsistencies between independent contractor agreement and actual working relationship keep claims alive

February 13th, 2019

By Marjorie Johnson, J.D.
While an independent contractor acknowledgment was relevant to the parties’ relationship, a delivery driver presented conflicting evidence suggesting that a logistics company actually exercised a significant degree of control over the driver’s work.
Even though a delivery driver signed an independent contractor acknowledgment with a subcontractor, triable issues existed as to whether he [Read more...]

Spreading false rumor that employee slept with boss for promotion may violate Title VII

February 12th, 2019

By Lorene D. Park, J.D.
By allegedly circulating a false rumor that an employee slept with the boss to get promoted, an employer invoked a “deeply rooted perception” that women, not men, use sex to achieve success, and it could be liable for the resulting hostility, which was “because of” her gender.
A rumor claiming a female [Read more...]

D. Ariz. finds Walmart liable under state law to medical marijuana user terminated after positive drug test

February 12th, 2019

By Kathleen Kapusta, J.D.
Walmart failed to come forward with any expert testimony or evidence demonstrating that the employee was impaired on the day she was injured.
After finding an implied private cause of action for violations of the Arizona Medical Marijuana Act’s (AMMA) anti-discrimination provision, and finding no conflict between that provision and the Drug Testing [Read more...]

5th Circuit amends opinion reviving nurse assistant’s Title VII claim of patient harassment

February 12th, 2019

By Lorene D. Park, J.D.
In a CNA’s suit over harassment by a mentally impaired patient, the court replaced a prior opinion, removing portions of its analysis but still stressing that the “unique nature of that workplace is an important consideration” regarding employer liability.
Though the specific environment in this Title VII sexual harassment case had to [Read more...]

SCOTUS seems interested in whether retroactive back pay is mandatory in ADEA pension case

February 12th, 2019

By Pamela Wolf, J.D.
The Court asked the federal government to file a previously waived response in a challenge to a Fourth Circuit ruling that retroactive monetary relief was mandatory in an ADEA pension case.
The High Court on February 6 asked the EEOC to weigh in on a petition for certiorari challenging a Fourth Circuit ruling [Read more...]