The Seventh Circuit Court of Appeals recently upheld dismissal of failure to accommodate and disability discrimination claims where, for several years, the employer provided accommodations relating to plaintiff’s mental health (including directing co-workers not to startle plaintiff). Scheidler v. State of Indiana et al. Despite that admonition, a supervisor reached toward her with a choking
Seventh Circuit Affirms Grocery Store Employee’s Same-Sex Harassment Title VII Victory
A male employee working in the meat department of his local grocery store prevailed in his Title VII sex discrimination claim alleging an unlawful hostile environment harassment created by his male coworkers and male supervisor. Following a verdict in plaintiff’s favor at the trial court level, the employer appealed to the U.S. Court of Appeals
Fifth Circuit Finds Employer’s Peer Review Process Does Not Constitute an Adverse Employment Action
The Fifth Circuit recently affirmed the granting of summary judgment to an employer dismissing a Title VII race discrimination claim. In Stroy v. Gibson, an African American primary care physician employed by the Department of Veterans Affairs alleged race discrimination following a peer review committee determination that competent practitioners would have managed the treatment
Employer’s Ultimatum Supports Employee’s ADA Failure to Accommodate Claim
The United States District Court for the Southern District of Alabama in McClain v. Tenax Corp. recently denied in part an employer’s motion for summary judgment on a disabled employee’s failure to accommodate claim under the ADA. The Court held the ADA-required interactive process never took place where the employer’s issued an ultimatum to the
Beyond the Weinstein Effect: It’s More Than Just Training
In light of the many high-profile news stories involving sexual harassment, employers are cognizant of the need to update policies, improve investigation procedures, and conduct training. However, there is more going on than meets the eye. Several states have proposed legislation that creates a path for victims to come forward. In addition, the new federal
Failure to Accommodate Religious Belief Claim to Move Forward
Religious discrimination claims by a delivery driver for a catering company who was terminated the day after being sent home for wearing a religious head covering survived summary judgment due to the temporal proximity between the events. In EEOC v. Triangle Catering, LLC, the Western District of North Carolina held that the temporal proximity
Employee’s ADA and FMLA Claims Survive Summary Judgment After Leaving Work Early To Go To Hospital
In Knight v. Barry Callebaut USA Service Company, Inc., the United States District Court of the Eastern District of Pennsylvania denied an employer’s motion for summary judgment on claims brought by a terminated employee under the Americans with Disabilities Act (“ADA”) and the Family and Medical Leave Act (“FMLA”). During the work day, the
Poor Performing Employee Cannot Shift Interactive Process Obligation under the ADA
The U.S. Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment finding that an employer did not violate the Americans with Disabilities Act (“ADA”) by discharging an employee after participating in an interactive process seeking reasonable accommodation. Dillard v. City of Austin, No. 15-50779 (5th Cir. Sept. 16, 2016).
Following
Failure to Provide Documentation, Misconduct, Defeats FMLA Retaliation Claim in the Process
The U.S. District Court for the Southern District of New York recently granted an employer’s motion for summary judgment dismissing wrongful termination claims. Cruz v. Wyckoff Heights Med. Ctr., No. 13 Civ. 8355 (S.D.N.Y. Sept. 23, 2016). In Cruz, plaintiff used intermittent leave under the Family and Medical Leave Act (“FMLA”) for ulcerative