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Cyber charter school must answer for leave denial under FFCRA

May 13th, 2021

By Brandi O. Brown, J.D.
A teacher for the school was denied leave and required to teach twice as many students, even while her four children were also home-bound because of the pandemic.
A federal district court in Pennsylvania, ruling solely on the issue of whether the charter school was a covered [Read more...]

First Circuit revives retaliation claim of firefighter portrayed as ‘paranoid’ after complaining about supervisor’s racial slur

May 12th, 2021

By Brandi O. Brown, J.D.
“Just as large oaks from single acorns grow, so too—as this case illustrates—sprawling lawsuits can grow from a single, highly charged racial slur,” the First Circuit explained, vacating part of a summary judgment decision against the firefighter.
The First Circuit revived part of a lawsuit brought by [Read more...]

Affordable Care Act’s non-discrimination guarantees extend to LGBTQ people

May 12th, 2021

By Pamela Wolf, J.D.
The interpretation derives from the Supreme Court’s conclusion that the plain meaning of “because of sex” in Title VII necessarily included discrimination because of sexual orientation and gender identity.
In a Notice of Interpretation and Enforcement, the Department of Health and Human Services advised that effective May 10, 2021, its [Read more...]

Title VII, FMLA claims of Black dispatch supervisor, fired days after requesting FMLA leave, revived

May 11th, 2021

By Kathleen Kapusta, J.D.
Although the district court found she failed to present sufficient evidence of pretext, the appeals court noted that a white male supervisor who had also been caught sleeping on the job was not fired.
Reversing summary judgment on the Title VII and FMLA claims of a Black shift [Read more...]

White basketball coach’s reverse discrimination claims sidelined as not meeting ‘fuzzy’ Seventh Circuit standard for such claims

May 11th, 2021

By Robert Margolis, J.D.
Criticism of how the coach treated African-American players does not equate to discrimination based on his race or create a hostile work environment.
A white male basketball coach who resigned citing parental criticism of his handling of African-American players and interference by the school’s principal in his running [Read more...]