About Us  |  About Cheetah®  |  Contact Us

News

Subscribe to the Employment Law Daily RSS Subscribe

Supervisor fired for policy violations, not because of hemorrhoid surgery, FMLA leave

January 2nd, 2018

By Kathleen Kapusta, J.D.
Affirming summary judgment against the employment discrimination claims of a naturalized American citizen from Ghana who was fired around the time he went on leave for hemorrhoid surgery, the Seventh Circuit first found that by not filing a surreply brief in the court below, he waived the admissibility of certain evidence his [Read more...]


Jury reasonably found employer failed to consider assistive devices; erroneous jury instructions were harmless

January 2nd, 2018

By Lisa Milam-Perez, J.D.
A jury reasonably found that assistive devices which an employer had failed to consider might have enabled a shipping clerk with an elbow condition to perform the essential functions of her position, the Ninth Circuit held, affirming the trial court’s refusal to grant the employer’s motion for judgment as a matter of [Read more...]


EEOC, Muslim plaintiffs can’t get spoliation sanctions for evidence destruction in refusal-to-hire case

January 2nd, 2018

By Kathleen Kapusta, J.D.
A federal district court did not abuse its discretion in rejecting a request by plaintiffs—the EEOC and several Muslim women—for spoliation sanctions either excluding evidence or instructing the jury that it must draw an adverse inference against a prospective employer the women claimed refused to hire them because they wore hijabs. The [Read more...]


NLRB General Counsel’s office advises regions on revisiting active cases to eliminate micro-units

December 29th, 2017

By Lisa Milam-Perez, J.D.
On December 15, the NLRB issued a landmark ruling abandoning its 2011 Specialty Healthcare decision, which had permitted unions to organize employees in gerrymandered “micro” bargaining units comprised of employees who favor union representation. In a December 22 Operations-Management memo, the Division of Operations Management in the NLRB General Counsel’s office issued [Read more...]


No relief on appeal for Costco meat manager fired for $114K inventory discrepancy

December 29th, 2017

By Brandi O. Brown, J.D.
Affirming summary judgment against discrimination claims by a Costco meat department manager who was fired after he was unable to explain a six-figure inventory discrepancy, the First Circuit agreed that his evidence failed to rebut the employer’s showing of good cause under Puerto Rico’s antidiscrimination statutes. Although he identified three female [Read more...]