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Punctuality was essential function of firefighter’s job; late arrival not reasonable accommodation

November 18th, 2019

By Marjorie Johnson, J.D.
“Just because an employer has, in the past, done more than required to accommodate an employee who cannot fulfill all the requirements of his job does not mean that the employer must continue to do so.”
A black firefighter/EMT discharged for chronic tardiness failed to convince the Eleventh Circuit to revive his Rehab [Read more...]

Black trooper properly disciplined more harshly than white trooper for hitting on arrestees

November 15th, 2019

By Lisa Milam, J.D. and Joy P. Waltemath, J.D.
The white trooper was not on a last chance agreement, and his “quantum of misbehavior” was “radically different.”
Rejecting the notion that race discrimination was at the heart of the disparate discipline imposed on a black trooper who hit on intoxicated female motorists that he detained, a divided [Read more...]

NLRB: Employee support of unpaid interns’ petition not protected activity under NLRA

November 15th, 2019

By Ronald Miller, J.D.
Activity advocating only for nonemployees is not for “other mutual aid or protection” within the meaning of Section 7 and accordingly does not qualify for protection under the NLRA.
Statements by an employer’s executive director regarding a petition that employees joined in support of compensation for interns did not imply any threat of [Read more...]

Justices consider whether but-for causation is pleading standard for Section 1981 discrimination

November 15th, 2019

By Joy P. Waltemath, J.D.
Can pleading a motivating factor also mean pleading but-for causation, remembering that but-for causation isn’t sole-factor causation?
In Comcast Corp. v. National Association of African American-Owned Media (NAAAOM) (No. 18-1171) the U.S. Supreme Court agreed to review only the question of whether a claim of race discrimination under Section 1981 fails in [Read more...]

Abuse of discretion to deny attorneys’ fees to employee who worked under false identity

November 13th, 2019

By Ronald Miller, J.D.
Because the employee’s dishonesty didn’t affect the merits or cause detrimental reliance by his employer, the employee was not equitably estopped from seeking reasonable attorneys’ fees and costs under the FLSA—yet the appeals court awarded only $1000.
A federal district court abused its discretion in finding that an employee—a prevailing party in an [Read more...]