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In Irvin v. Ascension Parish School Board, the United States District Court for the Middle District of Louisiana denied Defendant’s motion for summary dismissal of a claim under the Age Discrimination in Employment Act (“ADEA”).  In Irvin, Plaintiff alleged that her employer failed to promote her on account of her age (58) and…

In light of evidence that younger employees committed similar infractions as the plaintiff, and did not suffer significant disciplinary action, an Illinois federal district court denied an employer’s summary judgment motion. The Court ruled that evidence of disparate treatment plus age-based comments by management was sufficient to create a fact issue as to whether the…

Despite the lack of a clear causal connection between an employer’s failure to grant an employee’s request for additional training and its decision to terminate her employment, an Arkansas federal district court recently denied the employer’s summary judgment motion on the plaintiff’s failure to accommodate claim under the Americans with Disabilities Act. In denying summary…

In Baez v. Anne Fontaine USA, Inc., the United States District Court for the Southern District of New York denied an employer’s motion for summary judgment to dismiss a terminated employee’s retaliation claims under Title VII, New York State Human Rights Law and the New York City Human Rights Law, and hostile work environment claim…

In Bethscheider v. Westar Energy, the United States District Court for the District of Kansas denied Defendant’s motion to dismiss claims under the Americans with Disabilities Act (“ADA”).  Alleged by Plaintiff was that her migraine headaches constituted a disability entitling her to a reasonable accommodation.  The Company terminated Plaintiff for “excessive absenteeism” despite the…

Working at home may constitute a reasonable accommodation according to a recent decision in Rezvan v Phillips Electronics North America Corp., Case No. 15-cv-04767-HSG (N.D. Calif.)  In Rezvan, a former employee with rheumatoid arthritis who worked as a Contract Manager, sued Phillips under the California Fair Employment and Housing Act (“FEHA”) for disability…

In Spencer v. Virginia State University, et al., the United States District Court for the Eastern District of Virginia dismissed Equal Pay Act and Title VII pay discrimination claims brought by a female university professor against Virginia State University.  Plaintiff alleged that male professors with fewer qualifications and less experience were paid substantially more…

The Sixth Circuit recently reversed the grant of summary judgment in favor of an employer in a case arising under the Americans With Disabilities Act.   The Court determined that an issue of fact existed as to whether the ability to lift more than 35 pounds was an essential function of plaintiff’s job as a stock …

On September 22, 2016, the Equal Employment Opportunity Commission (EEOC) announced that it settled a federal sex-based pay discrimination lawsuit with oil company Santmyer Oil operating as SOCI Petroleum, Inc. (“SOCI”) for $50,000.  The EEOC had filed the lawsuit in September 2015 on behalf of Lori Bowersock alleging that the company violated the Equal Pay…