According to the 4th U.S. Circuit Court of Appeals, evidence of previously unknown poor performance is sufficient basis for an employee’s, even if that evidence is discovered during that employee’s Family and Medical Leave Act (FMLA) leave.Mercer v. The Arc of Prince Georges County, Inc., 4th Cir., No. 13-1300, unpubl., July 11, 2013.
Unwillingness to complete employment application does not support claim of discriminatory hiring.
The 3d U.S. Circuit Court of Appeals has upheld lower court’s summary judgment decision, finding that an individual who refused to complete an application without some guarantee that a particular individual would not participate in the hiring process could not support a claim of race discrimination. Murray v. Beverage Distribution Center, 3d Cir., No. 11-1938,
Firing of employee after his angry outburst during mediation did not constitute retaliation.
While Title VII’s anti-retaliation provision does not prohibit all employer action after an employee has filed a discrimination charge or lawsuit, it precludes employers from taking an action that might dissuade a reasonable employee from making or supporting a discrimination charge. Recently, the 7th U.S. Circuit Court of Appeals reviewed the retaliation claim of an
OFCCP directive specifies calculations for back pay relief in discrimination cases against federal contractors
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has issued a new directive entitled “Calculating Back Pay as a Part of Make-Whole Relief for Victims of Employment Discrimination” (“Directive”). The Directive addresses the two distinct models for calculating back pay relief – formula relief and individual relief – and
Domestic Violence Victim Leave Law Enacted in New Jersey.
The Violence Against Women Act of 1994 (VAWA), which was extended in February 2013, is a federal law that provides funding toward investigation and prosecution of violent crimes against women, imposes automatic and mandatory restitution on those convicted, and allows civil redress in cases prosecutors chose to leave unprosecuted. The Act also establishes the Office
Reasonable accommodation sought by disabled employee must enable employee to perform ‘essential functions’ of original job.
In an unpublished opinion, the6th U.S. Circuit Court of Appeals has held that an employee who was unable to complete the functions of her job while on part-time duty could not subsequently claim that ongoing part-time work was a reasonable accommodation for her disability. White v. Security First Associated Agency, Inc.,et al, 6th Cir.,
Written job description did not sufficiently indicate the essential nature of night shift in emergency dispatcher position.
One federal district court has ruled that a night-shift emergency dispatcher with diabetes and hypertension, whose doctor stated that the individual’s health would be improved by working day-shifts, could proceed on his claim that an employer’s refusal to allow him to work days violated the Americans with Disabilities Act (ADA). Szarawara v. County of Montgomery,
Inconsistent reasons for termination allow home care worker’s pregnancy discrimination case to go forward to jury.
The7th U.S. Circuit Court of Appeals recently overturned a lower court’s summary judgment in favor of a home care agency, holding that a jury should be allowed to determine whether the agency’s shifting explanations for the firing could, in fact, be a pretext for pregnancy discrimination. Hitchcock v. Angel Corps Inc., 7th Cir., No.
Fourth Circuit joins D.C. Circuit in striking down the NLRB’s embattled Notification of Employee Rights
The 4th U.S. Circuit Court of Appeals has affirmed an April 2012 decision of the U.S. District Court for the District of South Carolina (Chamber of Commerce v. NLRB, D.S.C., No. 11-cv-2516, 4/13/12), striking down the National Labor Relations Board’s (NLRB) controversial notice posting rule. The rule would have required most U.S private-sector
Operating room nurse prohibited from working after drug rehab cannot support ADA failure to hire claim.
In a case that points out the inherent difficulty of implementing the Americans with Disabilities Act (ADA) in a situation involving safety issues, a federal district court in Connecticut determined that an operating room nurse was not qualified for protection under the ADA because he was weeks away from the end of a year-long prohibition