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Referring employee to EAP for disruptive behavior not evidence of disability bias

November 13th, 2019

By Wayne D. Garris Jr., J.D.
A children’s hospital analyst was performing her job well, but her employer referred her to its employee assistance program after she accused her supervisors and coworkers of spying on her.
Granting summary judgment in favor of an employer on an employee’s ADA claim, a federal district court in Wisconsin held that [Read more...]

Officer’s claim she was denied light duty after announcing her pregnancy survives based on comments by mayor, police chief

November 13th, 2019

By Jeffrey H. Brochin, J.D.
Statement by former mayor that if the officer wanted to keep her job she should not stay pregnant constituted direct evidence of pregnancy discrimination.
A female police officer who was denied a light duty assignment after she informed her employer that she was pregnant survived the employer’s motion for summary judgment against [Read more...]

Medical expert not always required to prove employee’s ADA disability

November 12th, 2019

By Ronald Miller, J.D.
Whether medical evidence is necessary to support a disability claim is a determination that must be made on a case-by-case basis.
A federal district court erred when it held that an expert must be used to prove a disability in discrimination cases brought under the ADA and granted summary judgment in favor of [Read more...]

Advocacy group Save Jobs USA has standing to challenge H-4 visa rule due to increased competition for jobs

November 12th, 2019

By Wayne D. Garris Jr., J.D.
Save Jobs USA is an advocacy group made up of former IT workers for Southern California Edison who claim to have lost their jobs to H-1B employees.
Reversing a district court ruling, the D.C. Circuit ruled that an advocacy group created to “address the problems American workers face from foreign labor [Read more...]

Employer’s former general counsel who investigated harassment can’t litigate EEOC lawsuit

November 12th, 2019

By Marjorie Johnson, J.D.
The EEOC’s motion to disqualify the attorney was supported by its showing that his testimony would be necessary since he was involved as the employer’s internal investigation, met with the alleged harasser and staff, and was admittedly familiar with the employer’s personnel, policies and procedures.
An employer’s former general counsel could no longer [Read more...]