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NLRB ruling protecting employee testimony before state legislative committee misapplied test

April 17th, 2018

By Ronald Miller, J.D.
Finding the NLRB’s reasoning that an employee was afforded protection for disparaging appeals to third parties was not supported by substantial evidence, the D.C. Circuit granted an employer’s petition for review in part and remanded the matter to the Board to make clear its principles for affording protection to such employees. Here, [Read more...]

UberBLACK limousine drivers not employees of ride-sharing service

April 16th, 2018

By Ronald Miller, J.D.
Limousine drivers for UberBLACK in the Philadelphia area failed to show that they were employees of the ride-share service, ruled a federal district court in Pennsylvania. Evidence indicated that the drivers spent a large portion of their time online but not actually completing trips, and that they engaged, for at least some [Read more...]

In context of all-male construction crew, taunting and touching didn’t violate Title VII

April 16th, 2018

By Lorene D. Park, J.D.
Granting summary judgment against Title VII claims by a construction worker who claimed he was sexually harassed by a coworker on his all-male crew and experienced sex discrimination and retaliation because the CEO threatened to fire him if he went to court on criminal charges, a federal court in Georgia found [Read more...]

Employer to answer EEOC claims that telework accommodation denied, worker fired when FMLA exhausted

April 13th, 2018

By Joy P. Waltemath, J.D.
Refusing to dismiss the disability bias and wrongful termination claims the EEOC brought on behalf of a patient accounts representative who was discharged after she did not return to work without restrictions following exhaustion of FMLA leave, a federal district court in North Carolina found that the complaint adequately alleged that [Read more...]

Supreme Court asked to take up rescinded job offer over woman’s dreadlocks

April 13th, 2018

By Pamela Wolf, J.D.
The NAACP Legal Defense and Educational Fund, Inc., (LDF) is asking the Supreme Court to take up review of an Eleventh Circuit Court of Appeals decision finding an employer that rescinded a job offer to a qualified Black woman solely because she wore her hair in dreadlocks did not violate Title VII. [Read more...]