On June 24, 2013, the United States Supreme Court, in two 5-4 decisions, narrowed the scope of employer-liability under Title VII of the Civil Rights Act of 1964 in retaliation and harassment claims. In each case, the Court rejected the broader standard for which the Equal Employment Opportunity Commission advocated. […]
Labor & Employment Law Update
Eighth Circuit Finds Pretext When Employer Fires Employee For Yelling But Did Not Ordinarily Fire Other Employees For the Same Reason
An employer can generally avoid liability in an age discrimination lawsuit if it can articulate a legitimate, non-discriminatory reason for its actions. Examples of legitimate non-discriminatory reasons for terminations are poor performance, misconduct and insubordination. Articulating a legitimate, non-discriminatory reason is an effective way to win summary judgment in a […]
State Specific Developments: May 2013
Iowa: A Waterloo hospital is fi nalizing a $2 million settlement agreement for a race discrimination class action lawsuit. The class action complaint was fi led on behalf of African American persons who applied for employment with the hospital but were not hired, who were passed over for promotional opportunities, […]
Eighth Circuit Vacates Front Pay Award For FMLA Violation As Too Speculative
The Eighth Circuit recently held that an employer interfered with a sick employee’s job protection rights under the Family Medical Leave Act (“FMLA”) by failing to reinstate her to a position that she never actually performed. However, in the same decision, the court vacated a ten-year front pay award of […]
Pennsylvania Court Holds Partial Deafness Not a Disability Under ADAAA
A Pennsylvania federal court has held that deafness in one ear is not a disability under the ADA Amendments Act (ADAAA). In Mengel v. Reading Eagle Co. (E.D. Penn.), Christine Mengel, a copy editor and page designer at the Reading Eagle newspaper, filed a complaint alleging she was discriminated against […]