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Washington law prohibits retaliation against job applicants by prospective employers

November 15th, 2017

By Kathleen Kapusta, J.D.
Observing that very few of its opinions have discussed whether RCW 49.60.210(1) prohibits retaliatory discrimination against job applicants by prospective employers, and no other Washington court has considered the issue, an en banc Washington Supreme Court, answering a certified question, held that in accordance with the plain language of the Washington Law [Read more...]

Some challenges to Trump administration’s DACA policy trimmed for lack of standing

November 15th, 2017

By Lorene D. Park, J.D.
In two lawsuits challenging the Trump administration’s rescission of the Deferred Action for Childhood Arrivals (DACA) program for undocumented immigrants who entered the United States as children, the failure to provide adequate notice to DACA recipients of new deadlines for renewal, and the change in policy concerning the use of DACA [Read more...]

Denial of telecommuting due to employee’s use of ‘sedating medications’ not a plausible disability claim

November 14th, 2017

By Marjorie Johnson, J.D.
An African-American employee failed to plausibly allege that his employer violated the ADA by denying his request to telecommute and terminating him after he provided a doctor’s note saying he would benefit from working from home because he had a musculoskeletal problem that required “sedating medications.” Granting the employer’s motion to dismiss, [Read more...]

EEOC touts biggest backlog reduction in a decade

November 14th, 2017

The EEOC is touting what it calls “significant progress” in managing its pending inventory of fiscal year 2017 charges, reaching the lowest inventory level in the last decade. EEOC offices have deployed new strategies to more efficiently prioritize charges with merit and more quickly resolve investigations once the agency had sufficient information, according to the [Read more...]

Actions towards one employee due to anti-union motive, but not the other

November 13th, 2017

By Ronald Miller, J.D.
The Sixth Circuit affirmed an injunction that gave a union supporter her old job back after concluding that a regional director presented sufficient evidence to support the theory that her new job was more physically demanding than her previous position. On the other hand, the appeals court found clear error in the [Read more...]