EEOC to Proceed With Class Action Disability Discrimination case Against UPS

In a ruling that could negatively impact employers, an Illinois federal judge has allowed the Equal Employment Opportunity Commission (“EEOC”) to proceed with a class action disability discrimination case against United Parcel Service, Inc. (“UPS”) even though the EEOC has identified only two class members.

The January 11, 2013, ruling by District Judge Robert M. Dow, reverses two prior dismissals of the case, EEOC v. United Parcel Service, Inc., Northern District of Illinois, No. 09-cv-05291.

Judge Dow previously held that the EEOC’s complaint and amended complaint were defective, in part, because they failed to allege adequate factual information. The court changed course unexpectedly. More ›

Mandatory bus Rides to Plant Deemed not Compensable work time Under FLSA

An engineering and construction services contractor initially offered its laborers the option of parking at a plant parking lot or participating in a park and ride program which would take the laborers directly to the plant, but then later required all employees to participate in mandatory park and ride. Prior to boarding the buses, laborers scanned their plant badge. While on the buses, the laborers were subject to the contractor's rules regarding use of cell phones, tobacco, alcohol, weapons, etc. Once they arrived at the plant, laborers would scan their badges and proceed to their work station. At the end of their shift, they boarded the buses and returned to the lot. The daily total travel time varied from 40-60 minutes.   More ›

Eighth Circuit Revives Deaf Lifeguard’s Disability Claim

A deaf individual who could detect noises through the use of a cochlear implant and who used American Sign Language (ASL) to communicate successfully completed two lifeguard training programs through the county. Though he had an ASL interpreter to communicate verbal instructions, the interpreter did not assist him in executing lifesaving tasks. The individual applied for and was conditionally offered a lifeguard position subject to him passing a pre-employment physical. The doctor, however, determined that because the individual was deaf, he could not be a lifeguard, unless he was constantly accommodated. The county then undertook a job task analysis to determine whether the individual could perform the job with or without accommodation, and because it was uncertain whether the individual could safely work as a lifeguard by himself, the offer of employment was revoked. More ›

No Disability Discrimination Where Employee Cannot Competently Perform Job, Ninth Circuit Holds

In Lawler v. Montblac North American LLC, the plaintiff, Cynthia Lawler, a store manager at a boutique retail store, was diagnosed with psoriatic arthritis.  Lawler initiated the action after Defendant employer terminated her employment.

Lawler asserted four claims: (1) disability discrimination, (2) retaliation, (3) harassment, and (4) intentional infliction of emotional distress. The first three causes of action were brought under the California Fair Employment and Housing Act (“FEHA”).

The trial court granted summary judgment for Defendant as to all causes of action, and the Ninth Circuit affirmed. More ›

NLRB Permits Unions to Charge dues Objectors for Lobbying Expenses, and Seeks Further Briefing on “Germaneness” Standard

A former Union member filed an unfair labor practice charge alleging that the Union, which represents hospital employees, violated the National Labor Relations Act by its treatment of the former Union member and other employees who resigned their Union memberships and objected to paying dues that were unrelated to collective bargaining, contract administration, or grievance adjustment. More ›

Employee’s Utter Lack of Evidence Leads to Dismissal of All Claims

MSJs certainly aren't granted as much as they used to be, particularly in the employment context. In this case, however, the employee's failure to produce more than a scintilla of evidence in support of her claims led to a successful MSJ for the individual and entity employer defendants. More ›

Arbitration Agreement Containing Class Waiver Enforceable in FLSA Case

A residential care facility administrator entered into an arbitration agreement at the time she was hired which provided that she would submit any and all claims relating to her employment to arbitration. The agreement also contained a class waiver. Despite the foregoing, the administrator filed an action on behalf of herself and other current and former employees claiming that they were misclassified as “exempt” employees, but should have been entitled to overtime pay under the Fair Labor Standards Act (FLSA) because they regularly worked over forty hours per week. More ›

Ohio Court Allows Employee to Pursue Religious Discrimination Claim Based on Veganism

Veganism = religion? Well, it's certainly akin to a religious belief, holds a federal district court in Ohio. More ›

NLRB Requires Employer to turn over Witness Statement

Under Anheuser Busch (237 NLRB 982, (1978)), employers were not required to turn over witness statements to the Union where such statements were obtained during the course of an employer's disciplinary investigation because such statements were confidential. Recently, however, the NLRB found that a witness statement was not entitled to such protections, nor did it constitute attorney work product, and required the employer to produce the disputed statement.   More ›

11th Circuit Overrules Summary Judgment in ADEA Case Based On Vice-President’s Reputed Statement

The case of Kragor v. Takeda Pharmaceuticals America, Inc., No. 11-16052 (11th Cir. December 20, 2012) reminds employers how easily summary judgment can slip away in a discrimination case based on statements attributed to senior management. The court started its analysis with a quote from the mathematician, physicist, and philosopher Blaise Pascal. "Contradiction is not a sign of falsity, nor the lack of contradiction a sign of truth." Given that plaintiff appealed a summary judgment granted to the employer, such words signaled a reversal on appeal. More ›