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Transfer to ease ‘tensions’ could be retaliatory; reprisal claim revived

August 2nd, 2018

By Lisa Milam, J.D.
An African-American employee who was denied several requests to be reclassified to a higher position, and was then placed on paid leave and forced to undergo a fitness-for-duty exam due to her erratic behavior, could not convince the Sixth Circuit that a district court had erroneously granted summary judgment to her employer [Read more...]

Paying disabled drivers less than nondisabled drivers for temporary non-driver work, formalized in CBA, violates ADA

August 1st, 2018

By Marjorie Johnson, J.D.
The EEOC won its bid for a permanent injunction barring UPS Freight from continuing its facially discriminatory policy of paying disabled drivers only 90 percent of what nondisabled drivers earned while temporarily performing non-driving jobs. Granting the agency’s motion for judgment on the pleadings, a federal court in Kansas ruled that the [Read more...]

Class action alleges Walmart’s ‘no-fault’ absence policy violates New York Pregnant Workers Fairness Act

August 1st, 2018

By Pamela Wolf, J.D.
Walmart is facing a systemic challenge to its “no-fault” absence control policy due to its impact on women who need leave for pregnancy-related illnesses or medical care. The policy violates the New York Pregnant Workers Fairness Act (PWFA), according to the class action complaint filed on behalf of two former Walmart employees [Read more...]

State treasury official can’t resurrect defamation, related claims after details of firing revealed

August 1st, 2018

By Lisa Milam, J.D.
A former employee of the Arkansas state treasurer’s office failed to resuscitate the defamation, disability discrimination, or whistleblower claims he made in response to his discharge and the subsequent airing of the details underlying his termination. The agency’s chief of staff apparently had prodded a local reporter to make a Freedom of [Read more...]

Punitive damages claim against judge for sexual harassment revived

August 1st, 2018

By Brandi O. Brown, J.D.
In a case that had wound its way up to the Tenth Circuit at least once before, the appeals court again visited issues related to a lawsuit by a court administrator who alleged that she was sexually harassed by a judge for whom she worked and subsequently fired for complaining. A [Read more...]