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OSHA delays beryllium final rule’s effective date to conduct additional review

March 20th, 2017

By Pamela Wolf, J.D.
OSHA is finalizing its proposal to delay the effective date of its final rule, “Occupational Exposure to Beryllium,” to May 20, 2017. The agency previously moved the original March 10, 2017, effective date of the rule to March 21, 2017, citing a Trump White House directive calling for a regulatory freeze. OSHA [Read more...]


Including employee’s leave request as reason to fire her was direct evidence warranting trial

March 20th, 2017

By Marjorie Johnson, J.D.
A supervisor’s remark that one of the “several reasons” supporting an employee’s termination was that she “submit[ted] a request for medical leave” constituted direct evidence of FMLA retaliation, as it did more than merely suggest a discriminatory motive but rather was a “blatant remark.” As a result, a federal court in Alabama [Read more...]


Disabled vet can’t show denial of one job, discharge from another were disability bias

March 17th, 2017

By Deborah Hammonds, J.D.
A district court did not err when it granted summary judgment to an employer on a disabled veteran’s claim that he was not hired for one position and terminated from another because of his disability. In an unpublished decision, the Eleventh Circuit concluded the employee did not show pretext on his failure [Read more...]


Performance disagreement didn’t show replacing 58-year-old with 30-year-old was pretext

March 17th, 2017

By Marjorie Johnson, J.D.
Though a 58-year-old administrative employee was replaced by a 30-year-old coworker after being discharged by her new supervisor for purported performance deficiencies, she failed to defeat summary judgment on her age bias claim. Her general disagreement about her job performance and attempts to explain why her poor performance was excusable didn’t establish [Read more...]


Delaying surgeon’s return due to PTSD didn’t violate ADA, but nonrenewal may have

March 17th, 2017

By Harold S. Berman J.D.
A physician who took short-term disability leave due to post-traumatic stress disorder (PTSD) after her young son was hit by a car failed to show that her employer’s requirement that she have an independent medical exam and its delay in letting her return to work (due to patient safety concerns) violated [Read more...]