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Arbitrator arguably construed CBA in reinstating employee, even if error in analysis

April 12th, 2019

By Ronald Miller, J.D.
Because it was not clear that an arbitrator acted on his own notions of industrial justice rather than making an effort to construe the bargaining agreement, he arguably construed the contract, even if there was a serious error in his analysis.
A district court erred in vacating an arbitration award where the arbitrator [Read more...]

Retaliation still top EEOC charge in FY 2018, sexual harassment up 13.6 percent

April 12th, 2019

By Pamela Wolf, J.D.
Retaliation claims accounted for 51.6 percent of the total charges filed with the EEOC in FY 2018.
The EEOC took in 76,418 charges of workplace discrimination in fiscal year 2018, according to data released by the agency on April 10. Notably, the EEOC resolved 90,558 charges of discrimination and secured $505 million for [Read more...]

Outburst at disciplinary meeting led to discharge, not marital status discrimination

April 11th, 2019

By Marjorie Johnson, J.D.
While the employee’s outburst may have been triggered by her need to care for her husband after telling him she’d been demoted, she was fired for her insubordinate remark, not marital status discrimination.
An employee who was terminated after making disparaging remarks about the company’s motto as she was departing a disciplinary meeting [Read more...]

Fired deputy who supported sheriff’s political opponent can’t revive 1st Amendment claim due to ‘policymaking role’

April 11th, 2019

By Lisa Milam, J.D.
The deputy sheriff could lawfully be terminated for political disloyalty under the Elrod-Branti doctrine. And he fared no better under the Pickering balancing test.
A county sheriff was entitled to refuse to reappoint a deputy sheriff who supported his political opponent in his reelection campaign, a divided Fourth Circuit panel held. Affirming dismissal [Read more...]

Age bias, retaliation claims of 54-year-old Anthropologie employee revived on appeal

April 10th, 2019

By Brandi O. Brown, J.D.

The court below should have considered events that occurred outside of the 300-day-period preceding the employee’s administrative charge when considering her hostile work environment claim and it applied the wrong standard of harm to her retaliation claim.
A 54-year-old Anthropologie employee, who alleged that she was marginalized and subjected to a [Read more...]