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Award reinstating nuke plant guard who couldn’t wear gas mask due to chronic folliculitis upheld

May 11th, 2017

By Kathleen Kapusta, J.D.
An arbitrator did not violate public policy or exceed his authority in ordering an employer to reinstate a discharged nuclear power plant security guard with chronic folliculitis who was fired because he could not satisfy a job requirement that he pass a “fit-test” for a full-face gas mask, the Eighth Circuit ruled. [Read more...]

Pilot warned for lateness, fired for harassing comments, can’t get arbitral award tossed

May 10th, 2017

By Lorene D. Park, J.D.
Affirming the rejection of an airline employee’s challenge to an arbitral decision, which found that there was “just cause” to terminate him after he violated an anti-harassment policy, the Eighth Circuit explained that it could not review the merits of the arbitral award and the employee failed to explain how the [Read more...]

‘Inadvertent errors’ don’t disqualify discharged cashier from Wisconsin unemployment benefits

May 10th, 2017

By Lisa Milam-Perez, J.D.
A discharged Walgreen’s cashier was wrongly denied unemployment benefits because the conduct that got her fired did not amount to “substantial fault” as set forth in the state unemployment compensation statute, the Wisconsin Supreme Court held. The employee was terminated for making eight “accidental or careless cash-handling errors over the course of [Read more...]

NYHRL provision barring conviction-based employment denial applies only to ‘employers’

May 10th, 2017

By Brandi O. Brown, J.D.
Answering questions posed to it by the Second Circuit in an appeal by convicted sex offenders fired from their moving jobs, the New York Court of Appeals interpreted section 296(15) of the New York State Human Rights Law to limit liability for discrimination against workers that was perpetrated by their “employer” [Read more...]

Employer’s privilege log too vague to support protective order against EEOC subpoena

May 9th, 2017

By Lorene D. Park, J.D.
Vacating a district court’s protective order rejecting the EEOC’s efforts to enforce its subpoena and remanding so the lower court could apply the proper legal standard in determining whether documents and communications withheld by an employer were protected by attorney-client privilege, the Fifth Circuit found that the employer’s privilege log did [Read more...]