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Requiring applicant BNSF perceived had a back impairment to pay for MRI, revoking job offer when he refused, showed disability bias

September 4th, 2018

By Kathleen Kapusta, J.D.
BNSF perceived an applicant for a senior patrol officer position as having an impairment at the time it asked for an MRI and at the time it revoked his job offer, the Ninth Circuit stated, finding BNSF could not hide behind its argument that there was some uncertainty as to the actual [Read more...]


Former police dispatcher who received bad references after she sued can proceed with 1st A retaliation claim

September 4th, 2018

By Harold S. Berman J.D.
A former state police dispatcher who sued the police and her former supervisors and then allegedly received bad references from them preventing her from securing a new position, could proceed with her First Amendment retaliation claim, the Third Circuit ruled. Reversing and remanding the district court’s dismissal of the case, the [Read more...]


Dispute over retiree healthcare benefits not subject to arbitration as retirees are not ‘employees’ under CBA

September 4th, 2018

By Ronald Miller, J.D.
In an appeal raising important questions of appellate jurisdiction and contract interpretation, the Third Circuit ruled that where a district court compelled arbitration, dismissed a union’s substantive claims, and administratively closed the case, the district court’s order was an appealable final order. Further, the appeals court agreed with an employer that a [Read more...]


No §10(j) injunction for NLRB; effectiveness of its remedial power was not in jeopardy

August 30th, 2018

By Ronald Miller, J.D.
A district court did not abuse its discretion when it denied an NLRB regional director’s motion for preliminary injunctive relief under § 10(j) of the NLRA to preserve the Board’s ability to award relief after completion of the ongoing agency adjudication of unfair labor practice charges against two hospitals. A divided Fourth [Read more...]


Email to board of directors, letter from attorney don’t ‘remotely’ support FLSA reprisal case

August 30th, 2018

By Lisa Milam, J.D.
A salaried employee who contended that a nonprofit association discharged her for exercising her FLSA-protected rights could not “remotely” establish a viable reprisal claim, the Seventh Circuit held. Following a heated altercation with the association president, the employee was told she would be suspended for a week without pay. She sent an [Read more...]