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Complaints that PetSmart accommodated ‘young kids’ by allowing tattoos, encouraging social media don’t show age bias

November 30th, 2018

By Marjorie Johnson, J.D.
A PetSmart employee was terminated for failing to adhere to the company’s “Dignity in the Workplace Policy” despite several counseling sessions, and not because of her age (approximately 60 years old) or complaints that the company preferred young people, a federal district court in Indiana ruled in dismissing her ADEA claims on [Read more...]


Labor Secretary authorized to cite ‘controlling employers’ at multi-employer worksites for OSHA violations

November 29th, 2018

By Kathleen Kapusta, J.D.
Reexamining, in light of “the seismic shift” brought about by Chevron, its own precedent announcing that “OSHA regulations protect only an employer’s own employees,” the Fifth Circuit found that the Secretary of Labor has the authority under the Occupational Safety and Health Act to issue a citation to a general contractor at [Read more...]


Employer has duty to safeguard sensitive employee info stored on Internet-accessible system

November 29th, 2018

By Lorene D. Park, J.D.
A medical center owed a legal duty to protect employees’ electronically stored confidential information from potential data breaches, ruled the Pennsylvania Supreme Court, vacating dismissal of a class action claiming breach of that duty. UPMC engaged in affirmative conduct by requiring that employees provide personal and financial information, which it stored [Read more...]


Jury didn’t need medical evidence to assess knee injury, but worker didn’t show how injury limited him

November 28th, 2018

By Lorene D. Park, J.D.
Affirming summary judgment against a former police sergeant’s ADA disability discrimination claims, the First Circuit concluded that whether medical evidence is required depends on the case, and here, a jury didn’t need a medical expert to assess whether the sergeant’s knee injury was a physical impairment or whether it substantially limited [Read more...]


Former Teva Pharmaceuticals exec awarded $6.134M on retaliation claims

November 28th, 2018

By Pamela Wolf, J.D.
After a week-long trial, a federal jury in Philadelphia unanimously came in on the side a former Teva Pharmaceuticals USA executive, awarding him a total of $6.134 million after finding the employer had retaliated against him and subjected him to a retaliatory hostile work environment for his complaints about age discrimination and [Read more...]