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Job applicant’s failure to communicate about testing difficulties dooms reasonable accommodation claim

September 12th, 2017

By Kathleen Kapusta, J.D.
Because a blind job applicant failed to communicate with her prospective employer regarding the difficulties presented by its required computer testing, she interrupted the ADA’s interactive process, a federal magistrate judge in Colorado stated in finding the applicant was precluded from claiming the employer failed to provide a reasonable accommodation. “To hold [Read more...]


GOP senators introduce bill to undo NLRB ‘ambush’ election rule, card-check

September 12th, 2017

Orrin Hatch (R-Utah), the U.S. Senate’s senior Republican, and a member and former Chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee, is lead sponsor of the latest piece of legislation aimed at undoing the NLRB’s revised representation election procedures. By negating the Obama-era rule changes—which sharply curtailed the time frame for conducting [Read more...]


Overbroad rule restricting discussions about unions was no basis for default judgment

September 12th, 2017

By Ronald Miller, J.D.
Following remand from the Eighth Circuit, the NLRB concluded that ConAgra Food’s overly broad rule restricting discussions about unions could not serve as the basis for granting the General Counsel’s motion for default judgment, even though the rule clearly violated the terms of a settlement agreement. Because the employer was not put [Read more...]


Denial of accommodations for breastfeeding employee violated PDA

September 11th, 2017

By Kathleen Kapusta, J.D.
Finding no reason to overrule a jury’s determination that the conditions offered by the Tuscaloosa police chief to a breastfeeding employee were so intolerable that a reasonable person would be forced to resign, the Eleventh Circuit held that the city’s denial of accommodations amounted to a constructive discharge and therefore violated the [Read more...]


States push back on DACA pullback

September 11th, 2017

On the heels of the Trump administration’s announcement that it would rescind the Deferred Action for Childhood Arrivals (DACA) program, a coalition of 16 states has filed suit to protect the 800,000 “DREAMers” and preserve the Obama-era immigration measure. The lawsuit, filed September 6 in the U.S. District Court for the Eastern District of New [Read more...]