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Denied health benefits for same-sex spouse, union member advances claims

October 14th, 2020

By Wayne D. Garris Jr., J.D.
The fund originally refused to cover the union member’s spouse, and by the time the fund had changed its policy, the spouse had been diagnosed with cancer.
A federal district court in Illinois denied a union and benefit fund’s motions to dismiss the claims of a [Read more...]


Walmart order-filler, fired same day she requested leave for foot injury, revives ADA, FMLA interference claims

October 14th, 2020

By Kathleen Kapusta, J.D.
Although she was offered a temporary assignment because of her foot injury, she could not commute to the job and was fired for excessive absenteeism.
Reversing in part the decision of the court below, the Ninth Circuit, in an unpublished decision, found that Walmart was not entitled to summary [Read more...]


HHS, DHS sued over failure to ensure COVID-19 PPE protection for essential workers

October 13th, 2020

By Pamela Wolf, J.D.
The suit follows the departments’ alleged failure to respond to an August 11 emergency rulemaking petition asking them to take action under the DPA.
Labor unions representing healthcare workers, teachers, transit operators, and millions of other frontline workers, along with environmental groups have filed a lawsuit against the [Read more...]


EEOC proposes four new conciliation procedure requirements

October 13th, 2020

By Pamela Wolf, J.D.
The Commission has previously opted not to adopt such detailed requirements, believing that flexibility would more effectively accomplish its goal of preventing and remediating employment discrimination.
The EEOC proposes to amend its procedural rules governing the conciliation process in a manner that the Commission believes will provide [Read more...]


Dealership’s admission that pre-suit letter was ‘final straw’ in Black employee’s firing was direct evidence of retaliation

October 13th, 2020

By Kathleen Kapusta, J.D.
In addition, the employee’s racial harassment claim advanced despite the dealership’s assertion that a white sales associate believed the term “n***a” was a casual term of endearment in the Black community.
Despite a car dealership’s assertion that a white sales consultant used the term “n***a” as a “regular [Read more...]