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Contingent BMW worker deprived of permanent position, subjected to racial remarks, advances race bias claim

June 8th, 2018

By Marjorie Johnson, J.D.
An African-American employee who worked for BMW on a “contingent” basis through a staffing agency for several years—during which time she was purportedly subjected to race-based comments by supervisors, disproportionally deprived of a permanent position, and subjected to a number of other adverse employment actions—plausibly alleged race bias and hostile work environment [Read more...]

$13.4M verdict in sexual harassment case conformed, remitted, so employee awarded $800K

June 8th, 2018

By Kathleen Kapusta, J.D.
Granting an employee’s motion to conform the $13.4M jury verdict on her Title VII and NYSHRL sexual harassment claims, and in order to provide her with the opportunity for the most complete recovery, a federal court in New York allocated $1 of the $1.7M compensatory damages to the Title VII claim, allocated [Read more...]

Lesbian police officers’ DCHRA hostile environment claims will go to jury

June 7th, 2018

Two lesbian police officers who alleged, among other things, they were not allowed to share a patrol car, prevented from bidding on the same assignments, had their incident reports publicized, and endured derogatory comments from their supervisors about their relationship and sexual orientation could proceed with their hostile work environment discrimination claims under the D.C. [Read more...]

It’s official: NLRB to issue ‘joint employer’ rule

June 7th, 2018

By Lisa Milam-Perez, J.D.
Stymied in its efforts to undo its Obama-era Browning-Ferris decision, which expanded the definition of “joint employer” and thereby increased potential liability under the NLRA for companies that utilize contingent workforce and franchise arrangements, the NLRB on May 9 announced it was considering resolving the matter through issuance of a proposed rule. [Read more...]

Employee fired for sleeping under her desk can’t advance ADA claims

June 6th, 2018

By Kathleen Kapusta, J.D.
Finding no record evidence that BNSF did not honestly and reasonably believe an employee who was found under her desk wrapped in her coworker’s parka was sleeping and that whatever caused that to happen prevented her from being qualified to perform her customs clerk duties, a federal court in Texas granted summary [Read more...]