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The judicial function at the summary judgment stage is to decide whether a jury could reasonably find in the employee's favor on the claim at issue. In making its decision, a court follows certain rules. One such rule is that the record must be examined as a whole. Another is that inferences must...
These recent pieces from the New York Times are must reads: Fake Cover Letters Expose Disability Discrimination In Arbitration, a Privatization of the Justice System...
The Third Circuit's recent decision in Hassan v. City of New York, — F.3d —, 2015 WL 5933354 is a welcome reminder that the Court understands the real harm inflicted by discrimination. Discrimination is not, and I repeat not, principally an economic tort. Economic losses often result from...
The district court in Pollard v. Drummond Co., Inc., No. 12-03948 N.D. Al. (Sept. 15, 105) found a fact question on whether a coal miner using methadone to control back pain was a direct threat under the ADA. A "direct threat defense must be based on a reasonable medical judgment that relies on...
In Yazdian v. ConMed Endoscopic Tech., Inc., No. 14-3745 (6th Cir. July 14, 2015), the Sixth Circuit reversed summary judgment for the employer, finding that the employee's complaints could reasonably be understood as complaints of race discrimination, and that there was both circumstantial...
How you complain about discrimination at work can make the difference between success and failure on a retaliation claim. So here are some tips on what to do and what not to do when complaining about workplace discrimination. DO: Consult with a lawyer. Complain in writing. Complain promptly...
In this video, Representative Alan Grayson explains how "free trade" hurts American workers and lowers our standard of living. We don't need another NAFTA. Call or email your congressional representatives and tell them to oppose Fast Track on President Obama's classified Trans-Pacific...
The plaintiff in Jones v. Southeastern Pennsylvania Transp. Authority, — F.3d — , 2015 WL 4746391 (August 12, 2015) brought a retaliatory discharge claim. The employer asserted that it fired the plaintiff for falsifying time sheets. The plaintiff argued that she was fired for prior protected...
Today the Supreme Court issued a fractured opinion announcing new law on the Pregnancy Discrimination Act. The Act provides that "women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes . . . as other persons not so...
Employees with criminal backgrounds who are thinking about changing jobs should proceed one step at a time. We have seen many cases where an employee with a criminal history applies for a job with a different employer, goes through the interview process, and receives an oral offer of employment...
The Eighth Circuit reversed the grant of summary judgment in Hilde v. City of Eveleth, February 5, 2105, finding that the employer's assumption that a retirement-eligible applicant would retire if hired for a job was age discrimination on its face. To assume that Hilde was uncommited to a...
President George H.W. Bush signing the landmark Americans with Disabilities Act in 1990. 24 years later, in EEOC v. LHC Group, Inc., 12/14/14, the Fifth Circuit revived a significant ADA case finding that the questions whether a home health care nurse was promoted to a team leader position...
In sexual harassment cases, evidence of a sexual harassment victim's past sexual behavior or sexual predisposition - including evidence of a the victim's sexual behavior, fantasies, dress, speech or lifestyle, is inadmissible at trial. Such evidence can only be admitted where the proponent proves...
In the ongoing battle between healthcare giant UPMC and workers seeking to unionize, an Administrative Law Judge recently found that UPMC engaged in unfair labor practices in violation of Section 8(a)(1) of the National Labor Relations Act by: 1. Denying non-employee organizers access to its...
More than 100 members of Congress filed an amicus curiae brief urging the U.S. Supreme Court to overturn the decision rendered by the U.S. Court of Appeals for the Fourth Circuit rejecting a former United Parcel Service worker's pregnancy and disability bias suit, arguing that the Pregnancy...