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‘Paramour preference’ claims are not cognizable under Title VII’s prohibition on sex discrimination

August 24th, 2021

By Kathleen Kapusta, J.D.
An employer does not violate Title VII’s prohibition against sex-based discrimination by favoring a supervisor’s sexual or romantic partner over another employee, the Ninth Circuit held, joining every circuits that have considered and rejected the “paramour” preference reading of Title VII. Accordingly, the appeals court affirmed the grant of summary judgment against the [Read more...]

Employee fired one day after disclosing need for upcoming medical treatment advances ADA claims

August 23rd, 2021

By Kathleen Kapusta, J.D.
An insurance company employee’s termination one day after providing a doctor’s note regarding her need for treatment following a brain surgery, together with evidence she was audited more frequently than others, was sufficient to establish a fact issue on whether the proffered reason for her termination—continued errors in her work—was pretext for discrimination. [Read more...]

After two deaths, repeat offender faces $1.3M penalty under egregious citation policy for trenching, other hazards

August 20th, 2021

By WK Editorial Staff
Putting its egregious citation policy to use, which allows a separate penalty for each instance of a violation, OSHA has proposed a total of $1,350,884 in penalties against “serial violator” Atlantic Coast Utilities LLC/Advanced Utilities Inc., a Wayland, Massachusetts, trenching, excavation and underground construction contractor. The unusually large penalty follows the death of [Read more...]

No revival of White Republican police officer’s political retaliation and race bias claims

August 19th, 2021

By Kathleen Kapusta, J.D.
A police officer for the Cook County Sheriff’s Office, and a White Republican who held an elected position, failed to show his termination for engaging in unauthorized secondary employment, violating driving restrictions, and lying to investigators was pretext for political retaliation, the Seventh Circuit ruled. Affirming the lower court’s grant of summary in [Read more...]

Hobby Lobby violated state law by denying transgender woman access to women’s bathroom

August 18th, 2021

By Brandi O. Brown, J.D.
In an appeal raising an issue of first impression in the state, the Appellate Court of Illinois affirmed a decision by the Illinois Human Rights Commission in favor of a transgender Hobby Lobby employee based on the employer’s refusal to allow her to use the women’s bathroom. The Commission had found [Read more...]