On June 30 2017, the U.S. Court of Appeals for the Second Circuit found that the District Court erred when it held that an employee had not proven a “serious health condition” to qualify for medical leave. The Second Circuit reasoned that the District Court used an interpretation of the regulation that was too narrow. […]
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Blog Title: Federal Practice
A Single Racist Comment May Establish a Title VII Violation
July 14, 2017
In April 2017, the United States Court of Appeals for the Second Circuit, held that a single racist comment can, when severe enough, establish a discriminatory hostile work environment. Otis Daniel, a 35-year-old African American male, began working for T&M Protection Resources, Inc. in 2010. Daniel worked as a fire safety director for T&M for […]
Third Circuit Court Denies Penn State Football Coaches’ Claim
July 10, 2017
The United States Court of Appeals for the Third Circuit (the “Third Circuit”) recently affirmed the U.S. District Court’s decision to grant Penn State University’s motion to dismiss claims made by two former Penn State football coaches. Coaches Jay Paterno and William Kenney sued Penn State in 2014, claiming they were denied due process of […]
University of Chicago Prevails in Discrimination and Retaliation Lawsuit
March 15, 2017
A federal jury in Illinois recently returned a verdict in favor of the University of Chicago Medical Center (“UCMC”) in a discrimination and retaliation lawsuit. A former UCMC resident, Dr. Maria Artunduaga (“Artunduaga”), sued the University of Chicago in 2012, claiming she experienced discrimination (hostile work environment) while employed by the UCMC. Artunduaga began her […]
Transgender Students Find Success in Pennsylvania Federal Court
March 10, 2017
Three transgender high school students in Pittsburgh recently prevailed in federal court in temporarily halting a school district policy requiring the students to use restrooms that do not conform with their gender identities. The Pennsylvania court’s decision comes just a week after the Trump administration announced that it would rescind guidance issued by the Obama […]
UPS Facing Fair Credit Reporting Act (FCRA) Class Action Lawsuit
March 7, 2017
United Parcel Service, Inc. (“UPS”), the world’s largest package delivery company, was recently hit with a proposed class action lawsuit in a federal court in Florida. The lawsuit alleges that the company violated the Fair Credit Reporting Act (“FCRA”) by “using background checks to make employment decisions without providing workers or applicants with the results.” […]
President Trump’s Travel Ban: How the Executive Order is Affecting Colleges and Universities
January 31, 2017
On Friday, January 27, 2017, President Trump signed an executive order on immigration, which bars Syrian refugees from entering the United States indefinitely, suspends all refugee admissions under the U.S. Refugee Admissions Program for 120 days, and prohibits citizens from seven, predominately Muslim, countries from entering the United States for 90 days. Those seven countries […]
Amtrak Employee Reinstated Following Retaliation for Whistleblowing
January 31, 2017
A former employee of the National Railroad Passenger Corp. (“Amtrak”) was recently awarded a $892,551 settlement and was reinstated as an Amtrak employee, following an order from the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”). The employee worked for Amtrak as a supervisory special agent in Amtrak’s inspector general’s office. In 2010, […]
U.S. Supreme Court to Weigh in on Religious Exemptions from ERISA
January 27, 2017
The United States Supreme Court recently agreed to hear appeals from hospitals with Christian affiliations regarding the Employee Retirement Income Security Act’s (“ERISA”) exemption for church retirement plans. ERISA is a federal law that sets forth minimum standards for pension plans established by private companies. In an effort to protect the interests of employee benefit […]
NCAA Faces New Class-Action Concussion-Related Lawsuits
September 9, 2016
The National Collegiate Athletic Association (“NCAA”) was hit with seven new concussion-related class action lawsuits on August 31, 2016. The new lawsuits increase the total number of lawsuits filed since May 2016 to 22 across the country. The latest cases have all been filed and are pending in the U.S. District Court for the Southern […]