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CBA gave employees first crack at new work; arbitrator’s exercise of discretion didn’t conflict with it

June 6th, 2018

By Ronald Miller, J.D.
In light of a provision in a collective bargaining agreement that required that employees get first crack at new work and the deference courts give to arbitrators’ decisions, the Fifth Circuit agreed with the district court that an employer’s challenge to an arbitration award should be dismissed. Although the contractual provision provided [Read more...]

Black employee advances transfer refusal, retaliation claims after manager ‘wanted a Korean’ in job

June 5th, 2018

By Kathleen Kapusta, J.D.
Reviving in part the claims of an African-America employee who was fired one week after complaining that she was denied a transfer because a high-ranking manager “wanted a Korean in that position,” the Eleventh Circuit found she presented direct evidence that the company failed to transfer her based on her race and [Read more...]

SCOTUS asked to determine Title VII’s reach in sexual orientation discrimination case

June 5th, 2018

By Pamela Wolf, J.D.
Altitude Express, Inc., is turning to the Supreme Court for review of an en banc divided Second Circuit opinion which, upending its own precedent, held that Title VII prohibits sexual orientation discrimination—in this case, against a skydiving instructor who was allegedly fired because he was gay. The termination followed a complaint by [Read more...]

Laid-off firefighters need not show fair representation duty breach to bring Title VII claims

June 5th, 2018

By Joy P. Waltemath, J.D.
Eleven minority firefighters who were laid off by the city of Detroit as part of a reduction in force, only one of whom clearly exhausted his administrative remedies under Title VII, failed to convince the Sixth Circuit that the single filing rule should apply to allow the remaining firefighters to piggyback [Read more...]

Colorado commission lacked neutrality in considering religious objection to cake creation for same-sex wedding

June 4th, 2018

By Lorene D. Park, J.D.
The Colorado civil rights commission violated the right of a cake shop owner/designer to the free exercise of religion by failing to consider, with the constitutionally required neutrality, his religious objections to creating a wedding cake for a same-sex wedding, ruled the Supreme Court 7-2, reversing the Colorado Court of Appeals [Read more...]