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Christian university that fired unmarried pregnant instructor discriminated based on marital status

March 24th, 2017

By Kathleen Kapusta, J.D.
Observing that “at its heart, this lawsuit is about what happens when an employment policy based on an employer’s sincerely held religious belief conflicts with an employee’s rights under federal and state discrimination laws,” a federal district court in Oregon found a nonprofit Christian university discriminated against an unmarried pregnant employee when [Read more...]


Acosta facing tough questions at nomination hearing

March 24th, 2017

By Pamela Wolf, J.D.
On March 22, the Senate Health, Education, Labor, and Pensions Committee began its hearing on the suitability of President Trump’s nominee, Alexander Acosta, to serve as Secretary of Labor. The day before the hearing, Democrats on the House Committee on Education and the Workforce pressed the Senate HELP Committee to find out [Read more...]


NLRB unreasonably relied on distinguishable precedent to deny revoking union dues checkoff

March 24th, 2017

By Ronald Miller, J.D.
An administrative law judge impermissibly ruled that employees were not entitled to have an opportunity to revoke their dues checkoff authorization at the expiration of a collective bargaining agreement, ruled the D.C. Circuit. Here, the appeals court found that the NLRB’s precedent in Frito-Lay, Inc., relied on by the ALJ, was factually [Read more...]


But-for causation not required at prima facie stage for Title VII retaliation claim

March 23rd, 2017

By Lisa Milam-Perez, J.D.
An employee asserting a Title VII retaliation claim is not required to establish but-for causation at the prima facie stage, notwithstanding the Supreme Court’s 2013 Nassar decision, the Third Circuit held. All an employee need do to make a prima facie case is proffer sufficient evidence to raise an inference that her [Read more...]


Jury award to needle-phobic pharmacist tossed; providing immunizations was essential function

March 23rd, 2017

By Marjorie Johnson, J.D.
Because performing immunization injections was an essential requirement of a needle-phobic pharmacist’s job which no reasonable accommodation would have allowed him to perform at the time he was discharged, the Second Circuit overturned a substantial jury verdict in his favor. Reversing the district court’s post-trial denial of Rite Aid’s bid to toss [Read more...]