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Pennsylvania’s anti-bias law didn’t preclude retaliation claim under state’s whistleblower law

June 22nd, 2020

By Marjorie Johnson, J.D.
The state’s high court held that plaintiffs who are not themselves the victims of discrimination prohibited by the state’s anti-bias law, but who report such discriminatory conduct, may pursue a claim under the state’s whistleblower law.
A quality manager who claimed she was fired in retaliation for reporting [Read more...]

A reprieve for Dreamers: DACA rescission was arbitrary and capricious

June 22nd, 2020

By Lisa Milam, J.D.
A divided Supreme Court vacated the Trump administration’s rescission of the Deferred Action for Childhood Arrivals program.
In a fractured, complex decision, the U.S. Supreme Court has held that the Trump administration violated the Administrative Procedure Act when it revoked the Obama-era Deferred Action for Childhood Arrivals (DACA) relief [Read more...]

Construction company employee advances wrongful termination claim after reporting VP’s ‘shooting’ threat

June 19th, 2020

By Wayne D. Garris Jr., J.D.
The employer questioned whether a criminal statute could form the basis of a wrongful discharge in violation of public policy clam.
Denying a construction company’s motion for summary judgment, a federal district court in the District of Columbia held that an executive assistant can go to [Read more...]

EEOC notes ADA does not permit COVID-19 antibody testing as return-to-work requirement

June 19th, 2020

By Pamela Wolf, J.D.
The EEOC has updated its COVID-19 guidance to reflect a conclusion that is consistent with CDC Interim Guidelines.
On June 17, the EEOC once again updated its technical assistance publication addressing questions arising under federal equal employment opportunity laws in the context of the ongoing COVID-19 pandemic. The federal [Read more...]

Hospital prevails in EEOC suit over Christian employee who refused flu vaccine—or mask

June 19th, 2020

By Lisa Milam, J.D.
The HR employee refused a flu shot for religious reasons, but she then failed to consistently wear a face mask, which was the other option provided in the hospital’s influenza policy.
This seemingly minor pre-COVID-19 scuffle over a Christian employee’s refusal to wear a face mask (in lieu [Read more...]