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Hispanic lieutenant’s meeting to discuss concerns about his career wasn’t protected speech

May 14th, 2021

By Marjorie Johnson, J.D.
Though the officer reported at the meeting that a police official speculated that another was racist, his stated motivation in speaking—to protect his own career—confirmed that he did not speak on a matter of public concern.
The Second Circuit affirmed dismissal of a Hispanic lieutenant’s First Amendment retaliation [Read more...]


Postal employee banned from wearing ‘MAGA’ hat advances race bias claim

May 14th, 2021

By Wayne D. Garris Jr., J.D.
The Caucasian employee alleged that an African-American coworker regularly violated the dress code but was never disciplined.
A federal district court in Kentucky declined to dismiss the race discrimination claims of a white USPS employee who alleged that the postal service enforced its dress code in a discriminatory [Read more...]


Employee fired after brother tests positive for COVID can’t advance associational discrimination claim

May 14th, 2021

By Kathleen Kapusta, J.D.
The court had little trouble disagreeing with the employee’s “legally flawed position” that anyone alleged to have COVID-19 is disabled under the ADA.
An employee who was fired after she “forgot” to tell her employer about a conversation she had with her brother/coworker shortly before he became ill with COVID-19 [Read more...]


NLRB must reassess seldom-seen order requiring reopening of closed business operations

May 13th, 2021

By Marjorie Johnson, J.D.
Though the Board found that a concrete company violated the NLRA by closing its auto repair operations after two mechanics turned in union authorization cards, the record showed the decision was due to the loss of the lease of the space.
Although substantial evidence supported the NLRB’s determination [Read more...]


Graphic design company can’t shake claim it fired employee for coronavirus-like illness

May 13th, 2021

By Wayne D. Garris Jr., J.D.
Before COVID-19 was declared an emergency in much of the U.S., the employee became seriously ill with a respiratory disease.
A federal district court in New York denied a graphic design company’s motion to dismiss the disability discrimination, wage, and breach of contract claims of a former employee [Read more...]