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9th Circuit approves gross-up of lump sum Title VII damages to compensate for increased tax liability

November 7th, 2017

By Cynthia L. Hackerott, J.D.
Vacating a district court’s order denying a Title VII plaintiff a tax adjustment of his damages award, a Ninth Circuit panel concluded that the lower court erred in refusing to consider adjusting his lump-sum back-pay award to account for the corresponding increase in his tax liability. In Title VII cases, district [Read more...]


Visible skin lesions suggest employer may have known of employee’s disability

November 7th, 2017

By Kathleen Kapusta, J.D.
Finding fact issues as to whether the decisonmakers in an employee’s termination knew about her impairments—she had been diagnosed with psoriatic arthritis, psoriasis, and ankylosing spondylitis three years earlier—a federal court in Pennsylvania observed that while she didn’t inform them of her conditions, she was covered in head-to-toe skin lesions. Denying summary [Read more...]


Applicant who declined ‘unreasonable’ job offer can advance failure-to-hire claim

November 7th, 2017

By Kathleen Kapusta, J.D.
Rejecting an employer’s “admittedly appealing argument” that an applicant’s discriminatory failure-to-fire claim could not lie because she was, in fact, offered a job, a federal district court in Virginia explained that “Just as a plaintiff is not required to subject herself ‘to the humiliation of explicit and certain rejection’ by engaging in [Read more...]


FedEx shouldn’t have denied signing bonus for higher pay grade to pilot called to active duty

November 6th, 2017

By Ronald Miller, J.D.
An Air Force reservist called to active duty just days before he was scheduled to begin training as a wide-body pilot at FedEx was improperly denied the $17,700 signing bonus he would have earned had he not served in the military, ruled the Ninth Circuit. The appeals court concluded that FedEx was [Read more...]


EEOC gets some relief for restaurant’s ‘missing’ evidence but no adverse inference yet

November 6th, 2017

By Lorene D. Park, J.D.
In an EEOC suit claiming a nationwide practice of age discrimination by restaurants doing business as Seasons 52, a federal magistrate judge in Florida issued a lengthy opinion granting in part the agency’s motion seeking sanctions for alleged spoliation of evidence. The parties would be allowed to present to the jury [Read more...]