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Extending deadline for disclosure of expert reports was abuse of discretion; no good cause shown

October 15th, 2019

By Ronald Miller, J.D.
Although framed as a revised expert report, the plaintiffs’ expert was “materially altering, not merely clarifying his original report,” and there was no evidence the plaintiffs subsequently learned of information that was not previously unknown or unavailable.
A federal district court abused its discretion by granting a request by employees to extend the [Read more...]


County HR director’s report of union official’s allegedly illegal recording was made as a citizen

October 15th, 2019

By Wayne D. Garris Jr., J.D.
After the HR director’s complaint to the county’s District Attorney accusing a union leader of illegally recording their meeting, her supervisors began to mistreat her, finally firing her.
Affirming in part and reversing in part dismissal of a county HR director’s complaint, the Third Circuit held that the director did not [Read more...]


Jury awards $5M against Walmart in EEOC disability bias case

October 15th, 2019

By Pamela Wolf, J.D.
The jury found the retail giant violated the ADA by failing to give a reasonable accommodation to a developmentally disabled cart pusher who is deaf and visually impaired, and firing him due to his disability.
On October 10, a federal jury in the Western District of Wisconsin determined that Walmart violated the ADA [Read more...]


Employee fired for safety rule violation failed to show he was similarly situated to other workers

October 11th, 2019

By Tulay Turan, J.D.
The court found the employee failed to establish a prima facie case of discrimination because he provided no information at all about the eight individual employees he alleged were similarly situated.
A material handler who was fired for a safety rule violation cannot proceed with his ADEA age and retaliation claims because he [Read more...]


House Education and Labor Committee chairs urge OSHA action on silica exposure from engineered stone

October 11th, 2019

By Pamela Wolf, J.D.
A new CDC report documents 18 cases of silicosis, including two fatalities.
On October 7, in the aftermath of a Centers for Disease Control and Prevention (CDC) report on silicosis, House Education and Labor Committee Chairman Bobby Scott (D-Va.) and Subcommittee on Workforce Protections Chair Alma Adams (D-N.C.) have sent a letter to [Read more...]