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Jury question whether Wells Fargo fired worker due to slow business or her maternity leave

June 25th, 2018

By Lorene D. Park, J.D.
Reversing summary judgment against a Wells Fargo employee’s unlawful termination claim under the California Family Rights Act (CFRA), a divided Ninth Circuit in an unpublished opinion found triable issues on whether her termination was really due to a business slowdown as asserted by Wells Fargo or was because she took protected [Read more...]

Walmart didn’t ask disabled worker to clean bathroom for 14 years, but it was still essential function

June 25th, 2018

By Lorene D. Park, J.D.
Affirming summary judgment against a developmentally disabled Walmart employee’s claims under the ADA and Colorado law, the Tenth Circuit in an unpublished opinion rejected her assertion that she was a “maintenance associate” in name only and that cleaning restrooms was not essential to her job because she hadn’t been asked to [Read more...]

Seniority, not race, was reason for driver’s layoff, failure to rehire

June 22nd, 2018

By Nicole D. Prysby, J.D.
Because there was no evidence that an employer considered any factor other than seniority when making layoffs, an African-American employee could not demonstrate that he was laid off because of his race, held the Seventh Circuit. Although the collective bargaining agreement (CBA) may have allowed the employer to consider qualifications besides [Read more...]

Employer can’t discharge quid pro quo sexual harassment judgment in bankruptcy

June 22nd, 2018

By Robert Margolis, J.D.
An employee who won on her sexual harassment claims against her former employer will recover $206,735 of the judgment despite the employer’s bankruptcy, ruled a bankruptcy court in California, explaining that a finding of willful misconduct was inherent in the state court judgment in her favor on her quid pro quo sexual [Read more...]

Not enough evidence that anti-union animus prompted discharge of union supporter to enforce NLRB

June 21st, 2018

By Tulay Turan, J.D.
In a rare rejection of an NLRB finding based simply on a lack of substantial evidence, the D.C. Circuit found there was insufficient evidence to support the Board’s acceptance of an ALJ’s finding that an employer’s discharge of an employee for lying during an investigation was a pretext to rid the company [Read more...]