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JBS wins Phase I trial in EEOC suit over Muslim prayer breaks

September 27th, 2018

By Lorene D. Park, J.D.
JBS’s practice of denying Muslim employees unscheduled prayer breaks would have been a reasonable accommodation of their religion and would not have posed an undue hardship, concluded a federal district court in Colorado, but the EEOC failed to show that the employees who were disciplined for unauthorized prayer breaks were suspended, [Read more...]

Under fleshed-out constructive discharge analysis, school principal facing DUI charge voluntarily resigned

September 26th, 2018

By Lorene D. Park, J.D.
Affirming summary judgment against due process and other claims by an elementary school principal who, after being charged with a DUI offense, was given the choice of resigning immediately or facing pre-termination charges of immorality, the Third Circuit fleshed out its constructive discharge analysis, used a framework provided by the Eleventh [Read more...]

Retaliation claim by HR employee fired for soliciting coworker to file EEOC charge revived

September 26th, 2018

By Brandi O. Brown, J.D.
Explaining that “not all opposition to employment practices by human resource employees is unreasonable,” the Eleventh Circuit reversed a summary judgment ruling against an HR employee who was fired because her employer believed she had encouraged or solicited another employee to file an EEOC charge. She had given another employee her [Read more...]

Employer-sponsored plan’s exclusion for sex reassignment treatment plausibly violates ACA non-discrimination provision

September 26th, 2018

By Marjorie Johnson, J.D.
An employer and its third-party administrator (TPA) will face claims that they violated the Affordable Care Act (ACA) by denying health insurance coverage for an employee’s son’s gender reassignment treatment based on the plan’s categorial exclusion for “services and/or surgery for gender reassignment.” Mostly denying the defendants’ motion to dismiss, a federal [Read more...]

No clear right to privacy in content of employee work emails obtained by faked subpoena

September 25th, 2018

By Ronald Miller, J.D.
Because an employee did not have a reasonable expectation of privacy in her work emails, a prosecutor and investigator from the state attorney general’s office were entitled to qualified immunity against her claim that they violated her Fourth Amendment right to be free from an unreasonable search when they used an invalid [Read more...]