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University of Miami must defend paying female professor $25K less than male peer

December 9th, 2019

By Marjorie Johnson, J.D.
An email sent to her inadvertently revealed that a male professor who received the same promotion was paid $137,366 while her salary was $112,400.
The University of Miami failed to convince a federal district court in Florida to toss Title VII and Equal Pay Act lawsuits filed by the EEOC and a female [Read more...]


Mining company may get raked over the coals for lackluster investigation into clansman drawing

December 9th, 2019

By Marjorie Johnson, J.D.
An African-American employee claimed that after he complained about the incident—which the court found sufficient standing alone to create an HWE—management merely gave a lecture to its workers on the importance of not defacing company property and barely investigated.
An African-American mine worker who accused his employer of engaging in a shoddy investigation [Read more...]


Nurse required to work more than 12 hours despite restriction can take ADA claims to trial

December 6th, 2019

By Kathleen Kapusta, J.D.
In holding that a nurse with a 12-hour work restriction failed to show she was substantially limited in performing any major life activities, the district court “viewed this case through the wrong lens and relied on outdated authority.”
Reversing summary judgment against the ADA failure-to-accommodate claim of a licensed practical nurse who alleged [Read more...]


Armstrong Teasdale equity partner, forced to retire at age 70, not an employee and so not covered by ADEA

December 6th, 2019

By Kathleen Kapusta, J.D.
The Armstrong Teasdale attorney argued that a provision in his firm’s partnership agreement that requires mandatory retirement at age 70 violated the ADEA.
Guided by factors set out by the U.S. Supreme Court’s Clackamas decision and its review of the record here, the Eighth Circuit found that an attorney’s role as equity partner [Read more...]


Police sergeant’s full-time National Guard counterdrug duty covered by USERRA

December 6th, 2019

By Marjorie Johnson, J.D.
The district court erred in interpreting USERRA as excluding the sergeant’s service, said the appeals court, reviving his claim that the department’s denial of compensation and benefits during his deployment amounted to illegal, anti-military discrimination.
Reversing dismissal of a police sergeant’s claim that a city police department violated USERRA by placing him on [Read more...]