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EEOC’s Sec. 707(a) severance agreement suit against CVS doesn’t warrant attorneys’ fee award

June 13th, 2018

By Joy P. Waltemath, J.D.
Finding the EEOC’s Section 707(a) pattern or practice lawsuit against CVS Pharmacy over its use of a broad (and potentially chilling) severance agreement to be neither legally nor factually frivolous, the Seventh Circuit reversed an attorneys’ fee award to CVS of over $300K. Stressing that “it takes much more than a [Read more...]

Supervisors’ racial comments to and about janitors support revival of hostile environment claim

June 13th, 2018

By Kathleen Kapusta, J.D.
Agreeing in part with the decision of the court below, the Seventh Circuit found that five African-American janitorial employees failed to set forth sufficient evidence to defeat summary judgment on their Title VII claims of race discrimination in pay, failure to promote, termination, and discriminatory work assignments. Reversing the lower court’s grant [Read more...]

Appeal challenging union political fees moot after teachers resigned from union

June 13th, 2018

By Ronald Miller, J.D.
An appeal by public school teachers in a suit challenging a requirement by public sector teachers’ unions that members pay a fee to support the unions’ political and ideological activities as a violation of their constitutional right to free speech was declared moot by the Ninth Circuit after the teachers disassociated themselves [Read more...]

Odious and offensive comments, made at work, still outside scope of employment; no employer liability

June 13th, 2018

By Lisa Milam-Perez, J.D.
An employee could not hold her employer vicariously liable in a defamation action arising from a purported supervisor’s crude speculation as to why the employee had taken off work for a medical procedure, the Fourth Circuit held, refusing to revive her tort claim against the employer. Although the district court concluded the [Read more...]

Union gets second shot to contest DHS regs allowing foreign students to stay for STEM jobs

June 12th, 2018

By Brandi O. Brown, J.D.
In a lawsuit stemming from regulations allowing certain nonimmigrant aliens on student visas to remain in the United States for up to three years after finishing a degree in order to pursue related work, the D.C. Circuit returned the case to the district court that had dismissed all of a union’s [Read more...]