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Sex bias claim of university tennis coach fired after student’s sexual harassment allegation revived

August 16th, 2019

By Kathleen Kapusta, J.D.
The coach alleged he was fired based on a student’s malicious sexual harassment claim, the university was under some pressure to react more forcefully to allegations of male sexual misconduct, and it followed an irregular investigative process.
In dismissing the Title VII and NYSHRL claim of Hofstra University’s [Read more...]


OFCCP proposes regs clarifying the scope of the religious exemption

August 16th, 2019

By Pamela Wolf, J.D.
The proposed rule, which would clarify for federal contractors the scope of the religious exemption, “ensures that conscience and religious freedom are given the broadest protection permitted by law.”
The DOL’s Office of Federal Contract Compliance Programs (OFCCP) has released a proposed rule which “ensures that conscience and [Read more...]


NLRB: Union unlawfully refused to refer employee in retaliation for brother’s criticism

August 15th, 2019

By Ronald Miller, J.D.
Although the union continued to update its referral list on a daily basis for its own internal records, members no longer had access to the up-to-date list, so that the posted list that members could view might be out of date by as much as a week.
A union violated Section 8(b)(1)(A) of [Read more...]


Officer’s medical inquiry claim revived where no-beard policy exemption required ongoing medical certification

August 15th, 2019

By Tulay Turan, J.D.
Reversing summary judgment in favor of the University of Pennsylvania on an African-American police officer’s constructive discharge and ADA discrimination claims, the Third Circuit, in an unpublished opinion, found fact questions regarding his resignation and request for accommodation, and found the district court erred in concluding the ADA’s prohibition against medical inquiries [Read more...]


DOJ turns against EEOC in response to SCOTUS certiorari petition in ADA case

August 15th, 2019

By Pamela Wolf, J.D.
Disagreeing with summary judgment for the EEOC, the DOJ argues there was no evidence the employer’s decision requiring an applicant to pay for a follow-up MRI after a conditional job offer was discriminatory.
The Justice Department has filed a brief disagreeing with the EEOC’s position below in a disability discrimination case and asking [Read more...]