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Dollar General employee with cancer failed to show discharge was due to bias rather than policy violations

March 30th, 2020

By Tulay Turan, J.D.
Although the employee pointed to supervisor comments, disparate treatment of coworkers, and pretextual justification for termination, a reasonable factfinder could not conclude he was terminated due to his disability.
An employee with cancer failed to show that a regional manager who made unprofessional remarks about his diagnosis and [Read more...]

15 state attorneys general call on Amazon, Whole Foods to expand paid sick leave

March 30th, 2020

By WK Editorial Staff
The letter urged the CEOs of both companies to provide sick leave, as many small businesses are required to do under the recently passed Families First Coronavirus Response Act.
The attorneys general of 15 states sent a letter to John Mackey and Jeffery Bezos, the CEOs Whole Foods Market, Inc. [Read more...]

Employee denied a vaccination exemption can’t sue religiously affiliated hospital

March 26th, 2020

By Lisa Milam, J.D.
The fact that the hospital’s formal nondiscrimination policy stated that it does not discriminate based on religious affiliation did not waive its Title VII exemption.
A religiously affiliated hospital did not have to defend religious discrimination claims brought by a physical therapist who was fired for refusing, for [Read more...]

McDonald’s not liable for allegedly discriminatory conduct of franchisee manager

March 26th, 2020

By Nicholas Kaster, J.D.
Conclusory allegations that the franchisor controlled and maintained the right to terminate franchisee employees were insufficient to hold it liable as a joint employer.
A federal court in Colorado dismissed a discrimination suit against McDonald’s Corp. and McDonald’s USA arising from the actions of the manager of a [Read more...]

Class certification of ADA claim based on Union Pacific’s fitness-for-duty policy reversed

March 26th, 2020

By Marjorie Johnson, J.D.
Since individualized determinations were necessary to determine whether the policy was consistent with business necessity, the district court improperly certified a class of all individuals who had been or would be subject to a fitness-for-duty exam under the policy.
A federal district court in Nebraska abused its discretion [Read more...]