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Seeking religious accommodation not a Title VII protected activity

July 12th, 2017

By Joy P. Waltemath, J.D.
In a closely watched case, the federal district court in Minnesota has granted summary judgment for a hospital that rescinded its conditional offer of employment to a Seventh Day Adventist nurse because she sought a religious accommodation—to not work every other Friday from 11 p.m. – 7 a.m. for religious reasons. [Read more...]


Drug maker may have FCA liability after seeking payment for noncompliant drugs

July 12th, 2017

By Paige Arnold, J.D.
A drug manufacturer may be liable under the False Claims Act (FCA) for alleged false statements to the FDA relating to payments and reimbursements for noncompliant drugs, the Ninth Circuit decided. The court found that an employee properly alleged the drug manufacturer made false claims, that the false statements were known and [Read more...]


Reassigning employee to job with less promotion potential might violate Rehab Act

July 12th, 2017

By Lorene D. Park, J.D.
Given evidence that a Department of Transportation (DOT) employee flagged 10 open positions that were at his same grade and that had more potential for promotion than the job to which the DOT reassigned him to accommodate his hearing impairment, plus evidence that he wasn’t qualified for his new position, a [Read more...]


Employee’s general jury demand didn’t preserve statutory right to jury trial under FAA

July 11th, 2017

By Kathleen Kapusta, J.D.
The specific procedures in Section 4 of the Federal Arbitration Act for demanding a jury trial on arbitrability issues displace the general procedures under the Federal Rules of Civil Procedure, the Eleventh Circuit declared, finding that a general jury demand in an employee’s complaint failed to preserve his statutory right to a [Read more...]


Jury to decide whether ending employee’s 15-year telework schedule was retaliatory

July 11th, 2017

By Kathleen Kapusta, J.D.
Whether ending a telecommuting agreement after 15 years is sufficiently harmful to dissuade a reasonable employee from complaining of discrimination is a factual determination for a jury to make, a federal district court in the District of Columbia reasoned. Accordingly, it denied summary judgment against the Title VII claim of an employee [Read more...]