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Arbitrator had authority to bind ‘absent’ class members in longstanding Sterling Jewelers gender pay dispute

November 20th, 2019

By Marjorie Johnson, J.D.
The Second Circuit cautioned that it was not for the court to decide whether the arbitrator’s class certification decision was correct on the merits; rather, it was merely deciding “that the arbitrator had the authority to reach such issues even with respect to absent class members.”
The Second Circuit reversed a decision by [Read more...]


Agency fee payors didn’t choose union; mere representation during collective bargaining not protected association

November 20th, 2019

By Ronald Miller, J.D.
Being represented by a labor union during collective bargaining by itself does not confer First Amendment protection and the heightened scrutiny that comes with it.
The First Amendment right to association for agency fee payors (AFPs) was not protected solely because they were represented by a union during collective bargaining, ruled the Second [Read more...]


Ok for lower court to independently evaluate two distinct ADA hostile environment claims

November 19th, 2019

By Robert Margolis, J.D.
Agreeing with every other circuit to have addressed the question, the Seventh Circuit also held that hostile work environment claims are permitted under the ADA.
The Seventh Circuit affirmed summary judgment dismissing most claims and a jury verdict in favor of the Marion County (Indiana) Sheriff’s Office on other ADA claims brought by [Read more...]


FEHA claim of pharmaceutical rep fired due to mistaken belief of disability revived

November 19th, 2019

By Kathleen Kapusta, J.D.
“Even a legitimate company policy, if mistakenly applied, may engender FEHA disability discrimination liability,” the appeals court stated.
Even if a temporary benefits department staffer was mistaken in her belief that an employee with a serious eye condition had transitioned from short-term to long-term disability when she fired him, a lack of animus, [Read more...]


Undiagnosed depression, post-employment hospitalization supported jury finding of FMLA interference

November 18th, 2019

By Ronald Miller, J.D.
Although the employee’s doctor did not examine her while she was working for the employer, the Seventh Circuit has found that an employee does not need to be diagnosed during her employment, as long as the condition existed then.
A federal district court did not err in denying an employer’s motion for judgment [Read more...]