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Class claims that evaluation process systematically disadvantaged black professionals survive dismissal

February 7th, 2019

By Marjorie Johnson, J.D.
A black employee plausibly alleged that Corning’s performance evaluation process gave a “small brain trust” unfettered discretion to alter employees’ ratings, which it was incentivized to do, with the effect of systematically disadvantaging black professionals by limiting pay and networking opportunities.
Refusing to dismiss an African-American employee’s class claims asserting that her employer’s [Read more...]

Remote work not reasonable accommodation for city accountant with ‘flesh-eating’ bacteria disease

February 6th, 2019

By Brandi O. Brown, J.D.
The appeals court rejected the worker’s arguments that remote work was a reasonable accommodation given that his medical restrictions did not require him to work from home.
Affirming the grant of summary judgment against the ADA and state-law disability bias claims of a municipal employee who underwent three surgeries after he contracted [Read more...]

NLRB grants review, invites briefs on jurisdiction over charter schools

February 6th, 2019

By Pamela Wolf, J.D.
The NLRB granted review and invited briefs on whether it should assert jurisdiction in charter school disputes or decline under Section 14(c)(1) for lack of substantial impact on commerce.
On February 4, the National Labor Relations Board issued an order in KIPP Academy Charter School (02-RD-191760), granting review in part and inviting the [Read more...]

In dispute over revised fitness-for-duty program, railroad must provide info on its new color vision test

February 6th, 2019

By Kathleen Kapusta, J.D.
The employees in this ADA/GINA class action claimed that over 7,000 workers were subjected to a FFD evaluation and, as a result, at least 3,145 were designated as not cleared to return or were issued work restrictions.
In a putative class action suit by six former Union Pacific employees asserting claims under the [Read more...]

Lawful to fire employee who admittedly self-medicated with marijuana

February 5th, 2019

By Lorene D. Park, J.D.
An engineer who tested positive in a random drug test, was required to take FMLA leave for treatment, and was then fired under a zero-tolerance policy, could not show violations of the ADA, FMLA, or state law.
Because an employee could not show the foot pain for which he admittedly self-medicated with [Read more...]