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Transgender professor denied tenure gains reinstatement with tenure on appeal

Transgender professor denied tenure gains reinstatement with tenure on appeal

By Brandi O. Brown, J.D. A transgender female professor, who was denied tenure and who prevailed on her claim of sex discrimination stemming from that decision after a jury trial, was, on appeal, able to obtain additional relief in the form of reinstatement with tenure, as well as recalculation of the district court’s front pay […]

Trial ahead for coworker spouses allegedly told that only wife should care for their sick kids

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Trial ahead for coworker spouses allegedly told that only wife should care for their sick kids

By Brandi O. Brown, J.D. — A jail corporal and a warrant secretary for a county sheriff’s office, who were married, will have the opportunity to present their claims of sex discrimination based on their employer’s alleged instruction that only the wife, the warrant secretary, should take leave to care for their sick children, even […]

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Employee with COPD, fired upon end of leave taken to avoid unmasked coworkers, advances FMLA claim

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Employee with COPD, fired upon end of leave taken to avoid unmasked coworkers, advances FMLA claim

By Kathleen Kapusta, J.D. A county clerk in West Virginia who suffers from COPD, and who took leave in order to avoid contact with unmasked coworkers during the COVID-19 pandemic, plausibly alleged that her termination on the day she was scheduled to return to work was unlawful FMLA retaliation. Denying her employer’s motion to dismiss, the […]

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Car dealership’s ‘class waiver’ arbitration provision was enforceable, did not violate civil rights laws

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Car dealership’s ‘class waiver’ arbitration provision was enforceable, did not violate civil rights laws

By Thomas K. Lauletta, J.D. — An employer’s mandatory arbitration agreement requiring employees to waive their rights to class-action representation did not violate provisions of Title VII, the ADA, or the ADEA, the Sixth Circuit explained in an unpublished decision upholding a district court’s dismissal of a class action discrimination suit. In so ruling, the […]

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OFCCP rescinds earlier intent not to request or use EEO-1 Component 2 pay data

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OFCCP rescinds earlier intent not to request or use EEO-1 Component 2 pay data

By Pamela Wolf, J.D. In a move that may signal an eventual return to collection of government contractor pay data information, the DOL’s Office of Federal Contract Compliance Programs is rescinding its previously issued notice stating that it would not request, accept, or use EEO-1 Component 2 data. The OFCCP and the EEOC collect workforce data […]

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Court nixes new NLRB rules barring contractor’s employees from union leafleting onsite

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Court nixes new NLRB rules barring contractor’s employees from union leafleting onsite

By Kathleen Kapusta, J.D. — Finding that the NLRB’s new framework, announced in Bexar County Performing Arts Center Foundation, for defining when a property owner can prohibit an onsite contractor’s employees from accessing the property to engage in labor organizing activity was arbitrary, the D.C. Circuit remanded to the Board for reconsideration. On remand, said the court, […]

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Claims of Black male compensation analyst, paid less than later-hired White female, revived,

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Claims of Black male compensation analyst, paid less than later-hired White female, revived,

By Brandi O. Brown, J.D. Reversing and remanding a summary judgment decision in favor of a university employer in an EPA and Title VII suit brought by a compensation analyst, the Sixth Circuit found fact issues justifying a trial. The record did not show beyond dispute that any of the factors suggested by the employer […]

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Delaying injured employee’s training was not an unreasonable accommodation

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Delaying injured employee’s training was not an unreasonable accommodation

By Marjorie Johnson, J.D. An employer provided a reasonable accommodation to a recently hired employee who had suffered an ankle injury by allowing her to delay her training until several days after her temporary restrictions were lifted. It was not required to instead have a trainer come down to the first floor to provide training, […]

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Private insurers no longer waiving out-of-pocket costs for COVID-19 treatment, employer waivers may be expiring too

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Private insurers no longer waiving out-of-pocket costs for COVID-19 treatment, employer waivers may be expiring too

By Rebecca Mayo, J.D. and WK Editorial Staff Testing and vaccination for COVID-19 must be provided at no cost to individuals, however there is no federal mandate requiring insurers to waive out-of-pocket treatment costs for COVID-19. Early in the pandemic, the majority of private health plans waived out-of-pocket costs for COVID-19 treatment, but a survey by […]

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Restaurant Servers Get Trial Due To Inadequate Sexual Harassment Investigation

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Restaurant Servers Get Trial Due To Inadequate Sexual Harassment Investigation

By Tulay Turan, J.D — Two female restaurant servers can proceed to trial with their hostile work environment sexual harassment claims where there was a genuine dispute whether the employer could be held liable for a bartender’s harassment, a federal district court in Colorado ruled. There were triable issues as to whether the employer vested […]

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